Backlog of Peterborough court cases could stretch ‘well into 2022’

Hundreds of court cases in Peterborough continue to face a “substantial” backlog that could stretch long into 2022, a court official said in a presentation to Peterborough County council on Wednesday morning.

In a Provincial Offences Act Court 2022 budget presentation to council, Janice Hoskins, manager of court services in Peterborough, noted the ongoing COVID-19 pandemic continues to hamper court proceedings, including trials and processing tickets and fines.

In March 2020, the Ontario court system was closed when the pandemic was declared and the courts reopened in January 2021.

“We have had our court schedule cut by two-thirds and very limited judicial availability for their usual administrative work,” Hoskins said.

Hoskins said the Peterborough court continues to clear a “substantial” backlog of trial matters and fail-to-respond dockets. She noted by the end of October, there were just over 6,000 outstanding tickets waiting to be convicted. Permission was granted on Nov. 1 for the court clerk to review and convict the fail-to-respond dockets.

“It will take us until mid-January to process all of that backlog,” she said.

For defendants choosing trial options for their tickets, Hoskins said municipal prosecutors are reviewing the files and “setting some matters aside to be withdrawn” due to a lack of available court time.

She said the use of online/virtual technology for resolutions meetings did help the delays, but that it will still be “well into 2022” before the backlog is cleared.

No in-person proceedings are currently permitted and Hoskins said remote trial proceedings will begin in January 2022. She noted there are currently close to 500 cases waiting to go to trial in Peterborough.

“It will take approximately nine to 12 months to clear that backlog,” she said.

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The same holds for more serious charges pending trial — prompting provincial prosecutors in some cases to negotiate pleas over the phone with a defendant who contacts them and it is then adjudicated remotely. Only priority matters will be rescheduled and the rest could be withdrawn due to a lack of court time, she said.

“Most of the matters that had court dates scheduled during the court closure are still waiting for a date,” Hoskins said.

In-person and hybrid court proceedings are expected to also resume in January. The Peterborough courthouse on Simcoe Street is being reviewed to see if it can be retrofitted for the required technology.

“Work is currently ongoing to find suitable temporary settings for in-person and hybrid court,” Hoskins said, noting the retrofits could be additional, unexpected expenses in 2022.

Hoskins noted the number of charges fluctuates and the value of fines or tickets issued has a “direct impact” on potential POA revenue, highlighting that the total number of charges filed in 2021 for Peterborough and Peterborough County has not rebounded to pre-pandemic levels.

“The decrease in the number of tickets filed by the Peterborough Police Service that coincided with the cancellation of their 72-hour (warning) program continues to be offset by the significant decline in the number of charges filed by the (Peterborough County) OPP,” she said.

The following is the data of charges filed to the court system in Peterborough since 2017:

• As of Q3 2021: 13,481 charges
• 2020: 16,053 charges
• 2019: 22,816 charges
• 2018: 24,256 charges
• 2017: 24,300 charges

“We expect to just match the 2020 numbers,” she added.

Gross revenue for the Peterborough Provincial Offences Office (POO) over the last four years were:

• 2017: $2,034,742
• 2018: $2,179,647
• 2019: $1,948,274
• 2020: $1,500,477
• As of third quarter 2021: $890,661

The 2021 expected gross revenue will be about $1.55 million, well off the projected $2.17 million, with net revenue of $274,755. The city is expected to receive just over a $151,000 share of net revenue while the county will receive over $123,000.

In 2022, Peterborough County will receive a 55.5 per cent share of the net revenue while the city will receive 44.5 per cent. Peterborough’s gross revenue target for 2022 is $1.87 million with a net revenue of $375,100. Of that net revenue, the city would receive $166,920 and the county’s share would be $208,180.

“However, that number will depend on how quickly we can return to normal pre-pandemic business in 2022,” she said.

She said there have been some savings with less pay doled out for provincial prosecutors, justices of the peace, court interpreters and staff for court proceedings.

Hoskins says Peterborough has been “the hardest hit” in the central region when it comes to the reduction in revenue from the number of charges being filed.

“It’s my information Northumberland County has stayed stable. There might have been a reduction in Lindsay (City of Kawartha Lakes) but not to the extent that we have felt here in Peterborough,” she said.

Provincially, she said some areas are on par with Peterborough while others have seen significantly more charges but it’s “not the norm.”

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