1/9/2019 Judge blasts province of Ontario for problems with Brampton courthouse | Canadian Lawyer Mag

Judge blasts province of Ontario for

problems with Brampton courthouse
Issue has led to ‘real and unacceptable delays’
November 19, 2018 | Written By Gabrielle Giroday

Daniel Brown says he supports a pointed call for more resources for the courthouse in Brampton, Ont. by a regional senior judge.
A judge with the Superior Court of Justice has excoriated the provincial government over the state of conditions
at the Brampton Courthouse, west of Toronto.

Justice Peter Daley, a regional senior judge with the central west region, says there are a host of problems that
have resulted due to a lack of hearing rooms and office space at the courthouse, even after a memorandum of
understanding was signed in 2008 with the government of the day.

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“[D]ue to the inaction and, willful blindness on the part of the provincial government to address these space
challenges, we are now faced with very real and unacceptable delays in the hearing of all matters in
Brampton,” said Daley this morning at the Brampton courthouse, according to a transcript of remarks provided
by the Ontario Superior Court of Justice.

“Not only is the situation entirely frustrating for all who seek a timely resolution of their cases, but it results in
an immense disservice to those who live and work in Peel Region,” Daley added.

Daley had sent a letter last week to representatives at the Law Society of Ontario, the Ontario Trial Lawyers
Association, the Criminal Lawyers’ Association and The Advocates' Society regarding the “dire facilities
problem” at the Brampton courthouse.

The courthouse opened in 2000, he said, but it remains “grossly undersized to accommodate the people of
Peel region, which includes Brampton, Mississauga and Caledon.”

“Regrettably, the Ontario government has failed and refused to live up to its responsibilities, despite being
implored to do so countless times over many years by the Superior Court of Justice,” said Daley.

“As the Supreme Court of Canada has said in R v. Askov and R v. Morin, the lack of institutional resources
cannot be an excuse used by the Crown to deny an accused’s right to a timely trial.” 

In his remarks, Daley noted that Ontario Attorney General Caroline Mulroney was invited to attend his
comments, but she declined to come or send a representative in her place.

“In spite of the fact that the province of Ontario remains in breach of both its constitutional and statutory duties
to provide suitable courthouse facilities for the citizens of Ontario in Brampton and elsewhere, and upon
inviting the office of the Attorney General to send counsel on her behalf to receive these remarks, I was advised
by her office that it was declining the invitation to send a legal representative for this occasion,” Daley said.

However, he was unequivocal about who he sees as responsible for the improvements.

“The Ontario government — past and present — is either willfully blind to the erosion of trust caused by its
failure to take timely steps to address the facilities crisis in Brampton, or it believes that spending on this
courthouse will not result in more votes,” he said in the transcript. “Either way, the government’s inaction is
unconscionable and inconsistent with its obligations to the public in Peel region.”

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Daniel Brown, a criminal defence lawyer and a spokesman for the Criminal Lawyers’ Association, says the
problems with the Brampton courthouse are leading to greater issues with access to justice. He says the move
by Daley to share the remarks is “unprecedented.”

“What Justice Daley was very concerned about is the under-funding and under-resourcing of the Superior
Court of Justice in the Peel Region because it’s leading to significant problems . . .” says Brown.

He says there isn’t enough court space at the Brampton courthouse, even with a “multi-million-dollar
renovation” that occurred.

“They’ve only decided to fill two of the six floors with courtrooms. The other four floors of space are just empty
shells and will remain that way. There’s no plans to fill that space at this time,” says Brown.

“The challenge is that the . . . demands on the justice system require more courtroom space and more spaces
for judges so that they can draft judgments and preside over the cases, and they simply don’t have the
resources they need.”

The paucity of space has meant that defendants are being sent to other jurisdictions such as Orangeville,
Milton and Kitchener, says Brown.

“These jurisdictions don’t have a lot of infrastructure. It’s a challenge to get to those jurisdictions from the Peel
Region and it’s very challenging not just to get clients to their court appearances but also for them to afford
lawyers to go the added distance and also to secure witnesses who will come to court and testify in these
cases,” he says.

“It also leads to significant delays in the justice system when these cases have to be sent out of jurisdiction,
[with] significant costs to the justice system as well. The solution is an easy one: It’s simply to fill the space
that’s available in the Brampton courthouse.” 

Brown says the CLA supports Daley in his call for more resources for the courthouse.

“What we can expect will happen is that cases will be in jeopardy of being thrown out because of delays, or
wrongful convictions will ensue because witnesses weren’t able to get to these distant jurisdictions to provide
their evidence in court, or that the Crown’s case will fall apart because they aren’t able to secure witnesses who
were unable to travel these significant distances,” says Brown.

“At some point, there’s going to be some significant impact on the justice system and, in turn, it will impact the
public’s confidence in the justice system, which everyone should be concerned about.”

Ronald Bohm, senior litigation counsel at SBMB Law and president of the Ontario Trial Lawyers Association,
said in an email statement that the “OTLA is a strong proponent of access to justice for Ontarians.”

“Ensuring that our courts are provided with sufficient personnel and facilities to perform their important role in
our free and democratic society is an integral and essential component of real access to justice,” he said.

Daley also received the backing of Chief Justice Heather Forster Smith of the Ontario Superior Court of Justice.

“Chief Justice Heather Smith supports and agrees with Daley’s comments,” said Norine Nathanson, senior
counsel in the Office of the Chief Justice for the Superior Court of Justice in an email statement.

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“The chief justice wants to underscore that Daley has deftly handled and has been exceptionally proactive in
working to address the considerable challenges of scheduling and facilities in the Brampton and Central West
Region. His dedication has been remarkable, as has the dedication of all of the Superior Court of Justice
Central West judges in their efforts to ensure that matters can be heard on their merits.”

Jess Trepanier, spokeswoman for Mulroney, said in an email statement late Monday that the ministry “will
continue to review and respond to the facility needs of the Brampton courthouse as we move forward.”

“We are working every day to clean up the financial mess the Liberals have left Ontario in, and that includes
finding ways to deliver efficient and effective services that meet the needs of Ontarians,” she said, in the
statement.

Editor's note: Comments from Ministry of the Attorney General spokesperson added Nov. 20, 2018.

ontario court of justice | ontario superior court | LSO

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