Image Credit: CFJC Today

By Jill Sperling

I'll See You in Court

Court system faces major backlog as provincial courthouses start to reopen

Jun 9, 2020 | 4:01 PM

KAMLOOPS — The wheels of justice turn slowly, and with court proceedings delayed by COVID-19, they will be grinding even slower.

Concerns over COVID-19 halted most in-person appearances in provincial courthouses, including Kamloops, in mid-March.

“There was a major backlog before COVID, and it’s only going to be worse,” said defence lawyer Jay Michi.

Local lawyers are anticipating increased delays in legal proceedings as provincial courthouses begin to open to in-person appearances.

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“The courts have not been able to accommodate trials, live witnesses, and so that has been stopped,” Michi said. “I’m a criminal lawyer, so I converse in trials, sentencings and bail hearings, really those are the three things that we do. Of those things, really the only thing that has happened in the last two months have been bail hearings.”

One courtroom in the Kamloops Courthouse will open to in-person appearances on June 15, but the backlog is expected to keep growing.

“We’re slowly reopening, but we still will have these social distancing guidelines,” said defence lawyer Shawn Buckley. “So, for example, let’s say I’m duty counsel and I show up and typically we’d have 60 files, we’re not going to get through 60 files. So what we’re being asked to do by legal services now is perhaps there’ll be another lawyer we’ll be referring people to and deliberately bumping things back.”

Buckley expects that some lower priority cases could be dropped, if all parties agree it’s not necessary to continue.

“We’re all aware that there’s delays, but the leading case on delay, the Supreme Court of Canada decision R v Jordan, allows for circumstances that are not in control of the system, and the system isn’t responsible for a global pandemic. And when the government orders us to stay at home, that’s not the court system’s fault, so I’m not expecting to see first degree murder trial thrown out because there’s an extra year of delay.”

For those who have been awaiting their days in court, the last few months have been confusing and at times frustrating.

While they could still face lengthy delays, court dates are once again being scheduled.

“That’s important for victims in the process, too,” Michi said. “It’s important for people who need to file applications with respect to their parenting, all of this has been put on hold and our system is here to help people who are going through some of the most difficult times in their lives, and for that to have been stalled out for two months, that’s got to be more stressful than any amount of stress that I’ve experienced as a lawyer.”