Circuit courts were suspended; civil, traffic, and Contraventions Act hearings were adjourned
The Provincial Court of Newfoundland and Labrador has announced the stoppage of some operations in the St. John’s, Grand Falls-Windsor and Stephenville Provincial Courts as of November 28.
The court has adjourned hearings for civil, traffic, and Contraventions Act matters until further notice. The court said it would coordinate with parties on rescheduling.
The Channel-Port aux Basques circuit court was suspended after the December 3 to 5 circuit. The court moved matters set for future circuits to the Stephenville Provincial Court for scheduling; parties must travel to this court unless otherwise advised.
The Baie Verte circuit court was suspended immediately and indefinitely. Cases scheduled for this circuit will be heard in Grand Falls-Windsor Provincial Court; parties must travel here unless otherwise advised.
Provincial Court of Newfoundland and Labrador chief judge Robin Fowler said in a statement that criminal cases in the court had “increased in both volume and complexity in recent years placing an increased strain upon the court.”
The Canadian Bar Association - Newfoundland and Labrador said that although it understood the operational pressures that resulted in the closures, they created a significant access to justice crisis.
“Many parties, particularly self-represented litigants, have no other meaningful avenue for resolving civil disputes. Further, indefinite delay in criminal and quasi-criminal proceedings has broader implications for the right to a timely trial,” the CBA-NL wrote in a LinkedIn post.
In response to the closures, Newfoundland and Labrador justice and public safety minister Helen Conway Ottenheimer has launched a working group that will work with the provincial court to improve justice system access. Fowler will be part of this group, as will deputy justice and public safety minister Gerrie Smith.
They are set to be joined by the following an active or retired Provincial Court judge, two Law Society of Newfoundland and Labrador private bar members, and senior department officials. Conway Ottenheimer said the group was born from a meeting with Fowler and Provincial Court of Newfoundland and Labrador associate chief judge Jennifer Mercer.
“The current challenges do not reflect the commitment of the judiciary and the dedicated professionals in our courts. Going forward, this working group will allow for enhanced communication and collaboration from all partners at the table,” Conway Ottenheimer said in a statement.
Fowler added that the group would be working with the minister to determine areas that must be improved immediately and to have the court operating at full capacity, facilitating access to justice and the public’s safety at provincial courthouses and circuit locations.
The CBA-NL noted that court capacity and systemic strain had been issues for some time, even in other parts of Canada.
