A lack of deputy sheriffs is causing courtroom closures across B.C.
It’s a situation that is hampering court functioning and could lead to accused people walking free if their cases aren’t dealt with expeditiously.
Problems with sheriff working conditions and attrition were outlined in a report obtained by media recently.
Twice asked what the government was doing to address the closures and trial delays, the attorney general did not respond, instead issuing a statement about the report.
The report, requested by the chief sheriff, involved 35 focus groups across the province and 17 structured interviews between October 2022 and February 2023. It was prepared by the Business Research and Diagnostics team, a team of researchers within the ministries of the Attorney General and Public Safety and Solicitor General.
It concluded that failures in the recruitment of new staff resulted partially from low and uncompetitive pay and benefits, inadequate allocation of resources for recruitment efforts and the structure and management of the recruitment process.
"These factors were followed by dissatisfaction with leadership at the executive and supervisory levels, as well as with the organization's supports and systems, including tools and workspace, professional development, and staffing practices."
Other problems include the lack of parity with wages received by other peace officers.
The issues have resulted in staffing shortages over the past three years with those leaving the sheriff service surpassing its ability to recruit and train new staff.
"Consequently, there have been numerous instances where courtrooms throughout the province have operated with a deputy sheriff present.
"If this situation continues unchecked, it could lead to court closures and limited access to justice for British Columbians,” the report said.
However, that is already happening, with reports of closures throughout the province.
Sources tell Glacier Media recent courtroom closures include those in Vancouver, Abbotsford, Port Coquitlam, Surrey, Victoria, Chilliwack and Kamloops.
Lack of staff to safely move prisoners inside courthouses is also causing delays, Glacier Media has learned.
That has also led to a decline of in-person appearances and greater use of video appearances. A lack of video rooms in prisons in the past two years has also exacerbated problems.
The report said several "critical changes" would be needed to be implemented to reduce attrition rates and allow the sheriff service to replenish its ranks.
There have been concerns that the issues could begin to hamper people's right to a trial within a reasonable time period. This comes before the courts as lawyers begin mentioning the application of the so-called Jordan principles whereby that right is upheld. The Jordan principles stem from a case that wound up in the Supreme Court of Canada.
Stays of proceedings are possible if a case hits a ceiling of 18 months for those tried in the provincial court and 30 months for cases in superior courts.
“Delay attributable to or waived by the defence does not count towards the presumptive ceiling,” the high court said.
Anything longer violates an accused’s right to be tried within a reasonable time, unless the prosecution can show exceptional circumstances.
In Vancouver Provincial Court July 28 alone, there were four cases listed on the docket exceeding that limit. Seeing cases in excess of 1,000 days is not unusual.
Speaking in the COVID-19 context, then-attorney general and now-premier David Eby said, “It’s clear that in exceptional circumstances you can go beyond the Jordan timelines.”
Glacier Media reached out to the B.C. attorney general's office, to ask about the courtroom closures and how they'll be dealt with. Glacier Media also asked about what will be done to increase sheriff retention and recruitment, and if the Jordan principles be factored into decision making.
In response, Attorney General Niki Sharma issued a statement about the report, saying sheriffs play a critical role in the justice system and are integral in ensuring people have safe access to court services.
“I know recruitment and retention have been an ongoing issue for the BC Sheriff Service and that’s why a thorough review of both areas was conducted, based on sheriff feedback, to find out how we can improve workplace satisfaction,” Sharma said in the statement. “I am grateful to staff who have shared their thoughts and recommendations for this report. These challenges are not unique to BC Sheriff Service; they are consistent with what other law enforcement agencies are experiencing across Canada.”
Sharma said better understanding the issues, and how to address them in the context of the B.C. workplace, is the next step in ensuring sheriffs have the resources and support they need.
“We are taking the report seriously and are committed to acting swiftly and accordingly to address the concerns of our members,” Sharma said.
In a further statement issued Friday afternoon, a spokesperson said the ministry "takes its constitutional obligation to ensure timely justice for accused persons seriously and has worked since 2017 to reduce the number of Jordan stays faced in the system."
Glacier Media has reached out to the B.C. Trial Lawyers Association for comment.
With files from Wayne Moore/Castanet
