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THE CANADIAN STATESMAN, AUGUST 21,2002 PAGE 7 Durham's crowded courts in 'Crisis' BY STEPHEN SHAW Staff Writer F or ihe second straight day the mother of a teenaged boy worriedly worriedly paces the hallway outside courtroom No. 5. As another afternoon of justice winds down at 242 King St. E. in Os- hawa, the well-dressed, middle-aged woman vents her frustration. "I was told he'd be released but the problem is getting (his case called). I-Ie's never been in jail before, never had any problems. Jail is not a nice place. "Would you like your own kid incarcerated incarcerated with robbers and rapists for something stupid?" she says. The youth was arrested two nights earlier following a fight, says the woman, adding she can't afford to miss another day of work. She complains to a passing Crown attorney, who provides a sympathetic car but no answers. Her story is typical, as a growing backlog in Durham Region bail court has reached what lawyers, police and court staff are calling a state of "crisis." They say the provincial court system in this region; lacking adequate resources resources and facilities, has buckled under the pressure of a growing population. population. v ' In some cases, lawyers claim, accused accused people are being "unlawfully detained" detained" for days without having a bail hearing. * ■ "For the sake of dollars and cents people are remaining in jail unnecessarily. unnecessarily. This has reached a crisis. The '! public and politicians should know. It is : totally wrong and unacceptable," long- ) time Durham lawyer Alex Sosna says, i In recent months overcrowding in ..Ontario Court of Justice in Oshawa has . reached new levels. Exasperated by the increasing delays, some members of , the bar, police officials and prosecutors are insisting change must come soon. Criminal cases at the provincial court level in Durham are heard in 10 , courtrooms housed by two buildings in ■ Oshawa, 242 King St. E. and 850 King St. W. ^""'ÀbciirÜing.i to officials, the worst' ! congestion is in bail court, held in No. • 5 courtroom at 242 King St. E„ also the -region's smallest. In the past year the number of prisoners prisoners appearing in bail court oh a typi- - cal day has steadily risen from the mid- 1 30s to the 40s, and now into the mid- 50s. While July is usually one of the i slowest months of the year, there were 66 prisoners scheduled to appear in bail court one day late last month. ,, Lawyers, justices of the peace, po- . lice and court staff worked till 8 p.m„ , .with few hearings held and most cases ^adjourned. The docket dropped to 55 ^ the next day. With each bail hearing lasting from 20 minutes to several hours, there sim- 1 ply aren't enough hours in a day to hear J the cases, meaning accused individuals ; Wait several days or longer before being released, even in cases where the Crown agrees to bail. "The biggest concern is people are being arrested and not brought to court in a timely fashion to determine whether they should be granted bail," says Mr. Sosna. In many cases accused aren't brought to court and their case is adjourned adjourned in their absence, raising serious "legal questions," Mr. Sosna adds. "There is nothing reasonable about people - who arc deemed releaseable - having to wait five or six days before having a bail hearing," he says. "In the last six months the system in Durham has been crumbling and crumbling. crumbling. And now it's collapsed. I've been practicing 26 years and I've never seen a crisis this bad." KEVIN Me ALPINE: 'We're catching a lot of crooks,' Durham police chief says. He blames the provincial government government for failing to provide the facilities and staff required to keep up with the region's booming population. "The system worked 25 years ago. It isn't working today, and as a result people's people's rights are being abused and often ignored." While there's no shortage of accused accused people, there are simply not enough courtrooms, holding cells, judges, justice of the peaces and support support staff. "It isn't just one problem, it's a re- . sources issue across the board," one frustrated court official says. ., "We don't have the bodies or the space. If a second court becomes free for bail hearings, there's no justice of the peace or clerk. If there's a JP, there's no court... Or there's not enough court security to escort prisoners, or the prisoners haven't been brought to court because the cell is full. It's ludicrous." Court support staff, back to work- after the recent civil service strike, frequently frequently work through lunch breaks to keep up with paperwork, the staffer says. Defence lawyer Paul Farquharson offers his blunt opinion. "The bail system system has broken down, it doesn't function function anymore," he says, claiming the rights of the accused are being trampled. trampled. By law, an accused person must be brought within 24 hours of his arrest before a justice of the peace, who decides decides if bail should be granted in cases other than murder. But Mr. Farquharson says clients wait days until their hearing is held. "People are languishing in jail needlessly. needlessly. These are 'releaseable' people and they can't get out of jail because they can't get a bail hearing," he says. Some prisoners spend more time in custody awaiting a bail hearing than they would receive during sentencing if found guilty, he adds. Mr. Farquharson recalls one client charged with domestic domestic violence waited 11 days for his bail hearing before being released. Another pleaded guilty to a minor offence "so he would get out of custody," custody," even though his lawyer told him he had a chance at acquittal. Another lawyer bypassed provincial bail court altogether and brought a motion motion to Superior Court of Justice in Whitby, arguing his client was unlawfully unlawfully detained. The judge agreed and the accused man was immediately released. released. Durham Senior Crown John Scott says the region's justice system is going through growing pains, but suggests the lawyer's complaints are exaggerated. "I don't believe the system is in crisis crisis but we do have a volume problem. We need additional capacity to hold bail hearings," Mr. Scott agrees. He says a courtroom at 850 King St. W. will be converted to a second bail court in the afternoons starting in September September to help clear the logjam. Mr. Scott suggests repeated adjournments adjournments requested by defence counsel, rather than an increase in cases, contribute contribute to clogging up the courts. Durham Regional Police are also feeling the pressure. Chief Kevin McAlpine, whose force is responsible for court security and prisoner transportation, transportation, says the system is nearing "gridlock." Until a new courthouse is built, "Band-Aid" solutions will have to do. Chief McAlpine says the current court system can't accommodate the growing population, and with it an increase increase in criminal activity. "We're catching a lot of crooks," he says, smiling. During the past decade the region's population has climbed by more than 100,000, to 527,200 in 2001 from .424,400 in 1991. In 1993, 6,300 prisoners were escorted escorted by police to and from court. In 2002, police are on pace for 15,000 prisoner transports, more than double a decade ago. Meanwhile, it's projected 7,820 accused accused individuals will pass through Os- hawa's cramped bail court at 242 King St. E. in 2002, compared to 4,170 bail hearings in 1993. "Our volume has doubled yet the facilities facilities haven't changed. Everyone in the system knows we're desperate for a new courthouse in Durham and is urging urging the Province to get on with it... We're not really hearing anything," Chief McAlpine says. "I think everyone is just trying to grin and bear it until the new courthouse courthouse is built, because I think everyone has faith it will happen," he says. Lawyers, perhaps by trade, are skeptical. skeptical. They've heard too many promises from past governments, dating back to former NDP Premier Bob Rae in 1995. ALEX SOSNA: 'For the sake of dollars and cents people are remaining remaining in jail unnecessarily. This has reached a crisis. The public and politicians should know. It is totally wrong and unacceptable,' says seasoned lawyer. "They've been promising a new courthouse for years, meanwhile the population of Durham Region has just exploded," Mr. Farquharson says. "There was talk of a new courthouse back in 1980 and 22 years later we don't even have a shovel in the ground. Meanwhile, the system is bursting at the seams, bail court is just the worst example." At 850 King St. W„ private interview interview rooms for lawyers to meet with clients are often occupied by prisoners, used as makeshift holding cells. Adding to the slowdown is a recent order by City and fire officials to reduce the number of prisoners held in the cell at 242 King St. E, known as the "bullpen." Under a new agreement with.city and fire officials, police are permitted to hold 20 prisoners. "We were told it's only meant for four prisoners," a court services officer says, adding some might consider the current conditions inhumane. The order restricting the number of prisoners has contributed to delays since prisoners must be returned to jail before the next group can be brought to court. Another factor is recent changes in police policy dealing with people charged with domestic violence. Whereas many accused would once be released by police on an undertaking, all alleged spousal abusers are now detained detained for bail hearings. Also, in most cases now, it is Crown policy to seek an accused individual's detention in cases of domestic violence, leading to a greater number of lengthy 'show-cause' hearings, in which evidence evidence is called and witnesses testify. And, weekend bail hearings were elim inated last month with the launch of video remands from police headquarters, headquarters, meaning more prisoners held till Monday. As the delays have increased, so has tension among prisoners and verbal outbursts from relatives and friends attending attending court to sign as sureties. "There are people who have taken three or four days off work to come to court as proposed sureties. They spend the whole day waiting and nothing gets done," said Constable Dan Denyr, fulltime fulltime bail court officer. "People are understandably upset at the system, they're angry." Durham Region Administrative Judge Donald Halikowski and Senior Regional Judge Ray Taillon both declined declined comment on thé issue. Brendan Crawley; spokesman for the Ministry of Attorney General, says a new Durham consolidated courthouse - there are six justice buildings spread across the region - is a "priority" among a list of 13 court projects in Ontario. Ontario. "Absolutely, we are aware of the problems (in Durham) and that's why it is at the top of the list. It's a process that takes time," he says, calling it the "largest courthouse renewal and consolidation" consolidation" project in Ontario history. The first phase of the joint public- private sector partnership was completed completed in March with the selection of bidding bidding groups that meet technical and financial financial requirements. Those that passed the "request for qualifications stage" can now submit site-proposal bids, which will be reviewed in the fall, says Mr. Crawley. There is no time-line for plans to be finalized or construction to start. 1 Life is too good to go without a smile. Bowmanville Denture Clinic PATRICK G. DEEGAN D.D. Complete Denture Service We offer an impressive selection of quality products for decks and wood siding in just about any colour! 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