Justice Denied series by Surrey Leader

Second round losses for Surrey schools page 35

Students show off their skills page 13

Friday March 18, 2011 Serving Surrey and North Delta www.surreyleader.com

City shows its pride for Lions

COURTS IN

CRISIS

March 18 marked as day to honour service organization

Thousands of criminal cases are at risk of being thrown out due to lengthy judicial delays

by Boaz Joseph IN THE wild, lions feast on

by Jeff Nagel

wildebeest, zebras and the odd water buffalo. Locally, the staples of the North Surrey Lions – a group of more than three dozen volunteers dedicated to helping community groups – are pancake breakfasts, burger sales and meat draws. The cash donations the club receives from doling out sausages and flapjacks – along with silent and live auctions – support such charities as the John Moralek Surrey Memorial Hospital Foundation, the Surrey Christmas Bureau and the Centre for Child Development. There were nearly 30 organizations that benefitted last year from the $25,000 raised by the North Surrey Lions, says president John Moralek.

drunk driver with his young son in his car nearly hits two police officers and a bystander at the side of the road in Prince George, but is not held accountable for his actions. A hunter from Merritt is caught poaching protected big horn sheep near Williams Lake, yet never faces consequences. A Victoria-area man shoots a puppy belonging to a 12-year-old cancer survivor, is charged with animal cruelty, and ultimately goes unpunished. These are real cases recently thrown out of court in B.C., allowing those accused of crimes to walk free. The reason? Unacceptable delays stemming from chronic provincial government underfunding of the legal system, including courts, A Black Press judges, prosecutors, special series support staff and investigating the legal aid. congestion and delays in B.C.’s See COURTHOUSE CRUNCH / Page 19 legal system.

See LIONS / Page 3

JUSTICE

D E I N DE

BOAZ JOSEPH / THE LEADER

Samiran Lakshman, president of the B.C. Crown Counsel Association, says the chronic problem of a clogged court system is intensifying. ‘It’s becoming more dire as the days go on,’ he says.

Editorial 6 Letters 7 Sports 35 People 38 Classiﬁeds 45

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Friday, March 18, 2011 Surrey/North Delta Leader 19

A LEADER SPECIAL SERIES

Courthouse crunch: ‘Tragic, hopelessly booked, ridiculous’ From page 1

Lack of sheriffs adding to delays Union says hiring freeze has reduced security by Kevin Diakiw FOLLOWING A B.C. government-

imposed hiring freeze, the number of sheriffs in this province has dropped by almost 20 per cent in recent years, forcing some judges to close court sessions. Last January, three judges in Victoria cancelled the day’s agenda because there were not enough deputy sheriffs on hand. “This isn’t the first time that’s happened. It’s happened in Nanaimo, it’s happened on other occasions,” said Dean Purdy, chair of Corrections and Sheriffs Services Component of the B.C. Government Employees Union. See HIRING / Page 20

An estimated 2,000 additional criminal cases still stuck in the system have already been delayed so long, they are at risk of being thrown out as well. And there’s no end in sight. So clogged are the courts – particularly in Surrey – that judges are increasingly outspoken in denouncing the logjam and lack of resources that threaten the integrity of the entire system. “The backlog is so great and the courts so crowded that in many cases there will be an unreasonable delay should there be even one adjournment on a trial date,” warned Surrey Provincial Court Judge Peder Gulbransen last November, as he tossed out the prosecution of an impaired driver who waited 32 months for a trial date. “Justice delayed is justice denied,” ruled Judge Ronald Webb last year, in staying the case in Cranbrook against an accused cocaine dealer who waited more than two years for a trial expected to take just three hours. Another troubling example is that of an alleged child rapist in Coquitlam whose trial never went ahead because the system apparently couldn’t afford to translate victims’ statements quickly enough so the accused could understand them. Police requests for funding for the translations had been denied and the trial was repeatedly delayed. “It is very disturbing that the value of the complainants’ sexual, physical and emotional integrity is less than the cost of translation and transcription,” Judge Marion Buller Bennett ruled last year. She ordered the multiple charges of assault, assault with a weapon, sexual assault, incest and sexual touching of a young person be dropped after a two-year wait. The judge called it “a tragedy” for all, including the accused – a man who was publicly identified but

“You can see the alarm bells being raised in multiple places...”

had no chance to clear his name. The case is now being reviewed by B.C. Representative for Children and Youth Mary Ellen Turpel-Lafond, who called it a “very grave” situation. “I’m very concerned about these delays,” she said in an interview. “You can see the alarm bells being raised in multiple places in British Columbia in the court system.”

ut judges’ hands are tied. They are bound by Supreme Court of Canada rulings that firmly limit how long cases can be prolonged before the constitutional right of the accused to a fair trial has been violated and a stay of proceedings must be entered. Defence lawyers can’t deliberately drag their feet to get a case tossed. In deciding a delay is unacceptable, judges count only the slowdowns attributed to the system itself or Crown-requested adjournments. They must also conclude the defendant was harmed in some way by the wait. But B.C.’s case backlog now leaves virtually no room for any kind of error that could cause delay.

Mary Ellen Turpel-Lafond

Some cases are quashed after as little as 14 months, and the applications become much harder for the Crown to fend off when the accused has waited more than 18 months. In Surrey, a typical one-day impaired driving trial is now being set for July of 2012 – an immediate 16-month time period that puts the case close to the cusp of being tossed from the start. Year-long-plus delays from the outset are now common at many courthouses around the province. The judges themselves tabled a damning report last September titled “Justice Delayed” that warned “thousands of cases are at risk” of being dropped due to too much time elapsing between charges being laid and an accused’s day in court. At that time, there were 17 fewer provincial court judges on the bench than in 2005 – a 12-per-cent decrease. B.C. is the only province in Canada where the number of sitting judges decreased over that period, despite a growing population, rising caseload and increased complexity of many trials. Coupled with inadequate numbers of Crown prosecutors, court clerks and sheriffs, the report said, the available court time to handle cases is down significantly and is unable to keep pace with the rising demand. In Surrey alone, the report said, it would take three more full-time judges hearing criminal trials for two years to reduce wait times to acceptable levels.

ince those findings, there’s little sign of improvement. Six new judges have been appointed since October 2010, but others retired so the net increase is just two positions. Front-line prosecutors, lawyers and court staff believe that’s insufficient to stop the deterioration of the system. “The situation has gotten worse, undeniably,” said Samiran Lakshman, president of the B.C. Crown Counsel Association. “It’s becoming more dire as the days go on.” Despite the extra judges, the number of adult criminal cases older than 18 months in the system climbed from just over 2,000 last fall to more than 2,100 by February 2011. See COMPLEX TRIALS / Page 20

20 Surrey/North Delta Leader Friday, March 18, 2011

Complex trials: Use vast amount of resources From page 19

Trials aren’t just lined up far into the future but also stacked three and four deep on the same day – dates that Judge Webb called “hopelessly overbooked.” Staff shortages aren’t the only problem. Physical courtroom space is in short supply in many areas, a result of the government’s 2002 decision to close 24 courthouses, including ones in Delta, Burnaby, Hope, Maple Ridge and Squamish, increasing the load on neighbouring courts. Major criminal trials involving organized crime – such as the “Surrey Six” murders or the UN Gang prosecution – aren’t expected to

be lost to delay. But Lakshman warns time-intensive megatrials suck up vast amounts of resources for courts, police and prosecutors, leaving less

NEXT FRIDAY: Victims in Limbo time to dispense justice for more run-of-themill criminals. He argues any money saved by the province

Hiring: Freeze affecting staffing From page 19

“Courts are being delayed and justice is being delayed.” Over the past few years, Purdy says a hiring freeze has been invoked by the province, causing a 17-percent drop in the number of available sheriffs in B.C., from 520 to 430. Because of that, vacancies in court are being filled with corrections officers for extra security. In three separate courthouses in the Fraser Valley, where there are high-security gang trials being held, Purdy said they’ve had to bring in corrections officers to provide back-up in court. “They’re just getting by by the skin of their teeth,” Purdy said. “Delays in our already crowded courtrooms is a problem. They’re already backed up enough and adding to that is just an ongoing problem.” B.C.’s Criminal Justice Branch has since hired 24 auxiliary sheriffs, but Purdy said there will have to be more. Court cases are becoming more complicated and more dangerous, particularly with the number of accused gangster trials coming up. The union has been calling for metal detectors at each of the courtrooms, as is done in Alberta. Purdy also estimates another 50 to 100 sheriffs will be needed to keep court proceedings moving. That would require an annual investment of about $5 million. While there’s been no firm commitment, the fact judges are shutting down proceedings due to the absence of a sheriff has the government’s attention, Purdy said. “Nothing was done until we reached the critical point we’re in now.”

through justice system austerity is a false economy, considering the money blown bringing accused criminals to court but not quite to trial. Cases are being terminated after police have conducted a full investigation and submitted charge recommendations. After Crown has read the file and approved charges. After charges have been sworn in court. And after many appearances before a judge, prosecutor, clerk and sheriff – often with various witnesses waiting to testify. “It’s a complete waste of money,” Lakshman said. “It adds lunacy on top of a ridiculous situation.”

BOAZ JOSEPH / THE LEADER

Samiran Lakshman, spokesman for B.C.’s prosecutors, outside The Law Courts in downtown Vancouver.

jnagel@surreyleader.com

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Friday March 25, 2011 Serving Surrey and North Delta www.surreyleader.com

Surgery cancellations blamed on doctor shortage

by Jeff Nagel

Concern new ORs at SMH expansion could go unused by Jeff Nagel

JUSTICE

ANESTHESIOLOGISTS ARE warning a

shortage of doctors in their specialty is causing surgery cancellations in the Fraser Health region and could leave new operating rooms unused once a major expansion of Surrey Memorial Hospital is finished. Operating room slates have been cancelled at SMH a total of 283 times in the past year due to a lack of anaesthesiologists, according to the B.C. Anesthesiologists’ Society. In the last three months, they say 170 operating room days have been lost across Fraser Health – equivalent to 1,000 cancelled surgerDr. James ies so far this Helliwell year – with half the cancellations in Surrey. Society president Dr. James Helliwell said it’s also a growing problem at Royal Columbian, Eagle Ridge and Abbotsford Regional hospitals.

“We’ve been looking all over the world and we still can’t get enough people to come here.”

ateful words gradually became hurtful blows. She endured weeks of it before summoning the strength to walk out the door and turn to the police, transition houses and courts for help. Punjabi-speaking counsellors and police officers were supportive and she prayed for a quick resolution, knowing she would face enormous pressure from her husband’s family not to shame their son. But months later, after numerous court adjournments, frustration and tears – but no trial – she gave up. She went back to her abusive spouse. Sad stories such as this are becoming more common in B.C.’s congested justice system. Spousal assault cases are high priority and aren’t at risk of being thrown out due to excessive delays like many impaired driving cases and some other criminal prosecutions. But advocates say the time to get to trial is getting longer. And the wait can spawn tragic consequences. “When it’s delayed for a long time, normally we lose our victims,” Surrey Women’s Centre program manager Maryan said. A Black Press “They go back to special series their husbands. They investigating the get repeatedly assaulted. congestion and It’s like a revolving door.” delays in B.C.’s Domestic abuse cases legal system. are supposed to move through the courts within three months. But in Surrey and some other B.C. centres, that time period often stretches to four or six months. And Majedi notes that’s after time has elapsed for the police to investigate and prosecutors to approve and lay charges – often bringing the wait for a trial to a year following the assault. Court delays are particularly difficult for South Asian women, said Manbeen Saini, a community-based victim services worker in Surrey.

LEADER PHOTO ILLUSTRATION

VICTIMS in limbo

Worn down by lengthy court delays, many battered women are simply giving up on seeking justice

D E I N E D

See CLOGGED COURTS / Page 19

See ANESTHESIOLOGISTS / Page 5

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A LEADER SPECIAL SERIES

FACES OF DELAY: Matthew Heenan

Matthew Heenan of Coldstream B.C. was killed crossing the street in Kelowna nearly a year and a half ago. The man accused of being impaired behind the wheel when he hit Heenan isn’t scheduled to go to trial until 2012.

The parents of a B.C. man struck and killed by an alleged drunk driver in November 2009 fear the man charged with their son’s death won’t have to face any consequences.

PHOTO SUBMITTED

by Jeff Nagel MATTHEW HEENAN was crossing a downtown Kelowna street with friends after leaving a nightclub Nov. 22, 2009 when he was mowed down by an alleged drunk driver. The 23-year-old Coldstream, B.C. resident was pronounced dead just over an hour later. The driver was charged last August with impaired driving causing death and causing

an accident resulting in death. Matthew’s parents, Mike and Jo Heenan, have now been told a preliminary inquiry won’t happen until March of 2012. They’re fearful the case against their son’s accused killer will be thrown out on grounds of the unreasonable delay in getting to trial. Even if the trial proceeds by fall of 2012, that will be more than two years since charges were laid – deep in the danger zone where judges can be compelled to agree the

wait has violated the rights of the accused. “We are desperate,” Mike Heenan said. They have appealed directly to B.C.’s Attorney General to proceed by direct indictment, eliminating the need for a preliminary inquiry – an unusual step that would normally have to be initiated by Crown prosecutors. So far, the accused 49-year-old West Kelowna man has spent one day in jail and had a 90-day driving suspension. “Our dead son is relegated to a num-

ber in the system,” Heenan said, adding Matthew worked at Kal Tire and was about to retrain as an autobody technician. “Every day this person goes without trial is an affront to our son’s life and our society,” he said. “Every day we are reminded of our son’s death and suffer the anguish of delays and uncertainty. Where is the justice? When can we expect closure?” jnagel@surreyleader.com

Clogged courts: ‘Heartbreaking’ for families From page 1 “The family is wanting her to drop charges, not even understanding that she can’t do that,” Saini said, explaining that prosecutors decide to pursue legal action. “The longer it stays in the court system, the more pressure she’s going to get.” And when battered women give up on the courts, Saini said, it’s usually forever. “They say they’re never going to the police again,” she said. “I hear it all the time. “So what message are we sending out? What justice is this?”

It took a year and a half to get a date for trial to decide permanent custody – September 2011 – by which time the kids will have been in government custody for four years. “It’s staggering,” Muliner said. “And it’s going to get worse.” Mary Ellen Turpel-Lafond, B.C.’s Representative for Children and Youth, is also concerned. “These delays are really tarnishing the reputation of our

onger delays for all sorts of court proceedings are the result of cuts in the number of provincial court judges in B.C., coupled with shortages of sheriffs, clerks and other support staff. Samiran Lakshman, president of the B.C Crown Counsel Association, calls the situation a “deliberate” and “systematic” stripping of the critical resources the justice system needs to function – a policy that increasingly exacts a human toll. Prosecutors worry not just that abused women will go back to violent partners, but also that memories of sexually abused children will fade, their testimony will be less persuasive, and offenders will go free. Families are also waiting longer for the courts to decide matters such as which parent will have custody of the children, finalizing divorces and setting child support payments. “It’s heartbreaking for the parents of children in foster care,” said Kamloops family lawyer Brenda Muliner. She represents a couple in Nelson fighting to regain custody of their children who were apprehended by child protection workers in 2007.

Samiran Lakshman

Mary Ellen Turpel-Lafond

justice system for British Columbia’s families,” she said. Child protection workers from the B.C. Ministry of Children and Family Development can knock on a door and remove children from a home based on evidence that is often disputed. That power exists, Turpel-Lafond said, on the understanding parents have a speedy right to challenge the removal, with the courts either upholding it and issuing a temporary custody order or else returning wrongfully apprehended children. Child protection applications are supposed to be heard

within three months. But Turpel-Lafond said the average wait in B.C. is more than four months and she’s aware of waits of eight months and longer at courts in Surrey, Chilliwack, Abbotsford, Prince George and parts of Vancouver Island. New hearings in those areas are being scheduled in 2012 – and those are in best-case scenarios where parents quickly obtain legal aid, another major trouble spot. “We’re dealing with a system that makes a mockery of that timeline,” Turpel-Lafond said. “Childhood is short. It’s 988 weeks. If you spend 50 weeks waiting for a hearing because you can’t get a court date, that is just completely unacceptable.” Families sometimes give up and move on, she said, and the child falls permanently into the custody of government. In custody battles between parents, Turpel-Lafond said, delays mean child view reports – which guide the court on how much time kids want to spend with each parent – are often a year out of date when the hearing gets to court, by which time children’s wishes may have changed. The need for speed may be just as important when youths are charged with crimes. Consequences of actions simply aren’t as meaningful for young people if it takes a year or longer to get to trial, she said, calling the youth criminal justice system “remarkably backlogged.” The victims of youth crime are often other young people, who also end up waiting longer for closure. Provincial court judges have recently signalled family court delays have grown unacceptable and have directed a shifting of court time, which could come at the cost of criminal matters. In other words, even more delays. Also see LONG COURT WAITS / Page 20

20 Surrey/North Delta Leader Friday, March 25, 2011

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legal system and it’s pretty pathetic.” Animal cruelty investigators seize abused pets and EVEN ANIMALS are paying the price for congestion in charge owners in cases of maltreatment. If convicted, the courts. the law allows a potential lifetime ban on animal Family and friends of 12-year-old cancer ownership. survivor Max Rose were outraged last month But officers are often unable to stop those when the man who shot and killed the boy’s accused of cruelty from acquiring more Jack Russell terrier puppy Seymour walked animals or abusing others in their care while away unpunished. a case grinds through the system toward an The case was thrown out of Campbell eventual trial. River court when the judge ruled the “The time in between you’re concerned 19-month delay before the case went to about other animals that may be in their custrial unreasonably violated the rights of the tody,” said Marcie Moriarty, the B.C. SPCA’s accused. manager of cruelty investigations. Seymour “It’s pretty upsetting,” father Nick Rose “These delays can literally be life and death said. “We’re getting a first-hand look at our for animals.”

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Friday April 1, 2011 Serving Surrey and North Delta www.surreyleader.com

70 stop-work orders on illegally built additions remain in limbo

Big homes issue still looms large for Surrey

SPEEDING TICKET? Thanks to B.C.’s crowded courts, only a fool wouldn’t ﬁght it, system-savvy drivers say by Jeff Nagel

utifully paying a traffic ticket without disputing it has become a sucker’s game. That’s the street wisdom circulating on web discussion forums where motorcycle and car enthusiasts trade tips on how to beat their traffic violation tickets in B.C.’s congested courts. They point to the case of Michael Podger. The Kelowna heavy equipment salesman was ticketed by police in November 2007 for making an illegal lane change without signalling. He disputed the ticket, but delays in the court system dragged the case A Black Press until January of special series 2009, when Podger investigating the – representing congestion and himself – successfully delays in B.C.’s persuaded a judge to legal system. toss out his ticket on the grounds that his right to justice within a reasonable time had been violated. Since then others – often repeat speeders – have been boning up on constitutional law to challenge their own tickets.

by Kevin Diakiw LEGAL ACTION against 70 people who illegally built

additions to their homes remains in abeyance as the city figures out what to do about house sizes in Surrey. Just weeks before the 2008 election, Surrey council unanimously voted to shelve legal action against 70 homeowners who continued construction on their dwellings without permits. The move to put the lawsuits in abeyance came at the request of a lobby group known as the Surrey Ratepayers Association (SRA), the same organization now asking the city to review house sizes. On Sept. 26, 2008, Kalvinder Bassi, director of the SRA, asked council “direct that all actions by the city related to seeking compliance with the RF zone (single family residential) related to unauthorized additions or deck enclosures be held in abeyance.” It was less than two months the civic Coun. Bob Bose election,before and Bassi had a petition with more than 4,000 names on it. Both Bassi and several councillors told The Leader at the time there was no political pressure in making the decision to put legal action on hold. When the city chose to delay legal action against the homeowners who undertook illegal construction, it also started a process of re-examining all single family residential zones.

JUSTICE

D E I N E D

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Friday, April 1, 2011 Surrey/North Delta Leader 17

A LEADER SPECIAL SERIES

Backlog: 52,000 disputed traffic tickets in the queue From page 1

Leonard Doust, head of the Public Commission on Legal Aid.

What about justice for all? Access to legal aid lacking for those in need: Report by Sheila Reynolds A MIDDLE-AGED woman finds herself in the midst of a

bitter fight for spousal support she never anticipated. She can’t afford a lawyer, and turns to legal aid for assistance. A victim of abuse, her situation is complex, but not as difficult as the legal maze that soon consumes her life. She’s found that people she thought she could count on to help simply can’t – because of a lack of funding and resources. “It’s systemic discrimination” against those unable to fund their own justice, she says, adding most in her situation simply abandon the process because it’s so daunting. Between 2002 and 2005, government funding to Legal Services Society of B.C. (LSS) – the provider of legal aid – was cut by 40 per cent and 85 of the legal aid offices in B.C. were closed. Between April 1, 2009 and March 26, 2010, the society saw funding cuts to family law, including dispute resolution and category one criminal law – offenses such as breach of probation or failure to appear. Immigration and refugee law services were also cut. Some services have since been restored. Five LSS regional offices, including the one in Surrey, were closed last spring but were replaced with local agents – private lawyers on contract with the society. And LAWLine, the LSS’s telephone legal advice service, was replaced with an expanded, province-wide call centre. But many feel access to legal Leonard Doust aid remains insufficient. Statistics show that in Surrey alone, just over half of the applications for legal representation for family matters were approved in the past year, while about 60 per cent of immigration applications got the go-ahead. Legal aid for criminal and child protection issues fared better, but applications were still denied for nearly a quarter of the cases. Veteran lawyer Leonard Doust says legal aid should be treated as an essential service. Doust, leading the Public Commission on Legal Aid – an independent group representing six legal bodies – headed a recent inquiry into legal aid in B.C. His resulting report, Foundations for Change, released in early March, summarizes that “the overwhelming majority of submissions spoke to the general failure of our legal aid system, the negative repercussions for needy individuals and families, and the consequent adverse impact on our communities and justice system.”

“(Legal aid) is an absolutely essential public service.”

See JUSTICE / Page 18

If it takes longer than 10 months for their ticket dispute to be heard, they can make a strong case for a judicial stay of proceedings, citing Podger’s case and other rulings as precedent. It’s not necessarily a slam dunk. Challengers have to prove they were ready to proceed on each appearance date – in other words it was the system, not their own foot-dragging, to blame for the delay. They also have to show they suffered prejudice from the delay. The judge in Podger’s case agreed he experienced stress and was deprived of three days of pay when he took time off work to prepare his case and attend court. Podger said he’s used the delay argument several times to persuade authorities to cancel his traffic tickets. He’s also coached more than a dozen other motorists on how to use the case law. “Most of the time it gets stayed,” Podger said. “I’m the only one that’s had to go fight it that I know of.” Surrey lawyer Daryl Brown, who gave him some advice, said Podger is far from the only driver beating tickets on the basis of unacceptable delays. “More people are becoming aware of the ability to make these arguments,” he said. “You’ve got guys who aren’t firsttimers,” Brown added. “They’ve got a few tickets. And they’re looking at losing their licence if they get any more.”

he jam up of traffic tickets is just one more symptom of a court system in crisis in B.C. By 2010, a backlog of 58,000 disputed traffic tickets had built up. The Provincial Court of British Columbia, in its Justice Delayed report, blamed staff cuts at the ticket-processing centre in downtown Vancouver for the clog, because there aren’t enough employees to input the data and schedule dispute hearings. Officials at B.C.’s Ministry of Attorney General claim the problem is in decline, with the backlog easing to 52,000 tickets as of January 2011. But ICBC statistics show the number of traffic tickets being disputed has steadily crept up – from about 11 per cent up until 2007 to 15 per cent in 2010. More than 75,000 violations were disputed last year – 20 per cent more than five years earlier. They add to the pressure on traffic courts, where Justices of the Peace (JPs) hear most challenges, and to the caseload of regular provincial court judges, who must hear any challenges based on delay because JPs can’t rule on constitutional matters. “The ministry is aware of the backlog and is considering its options for ways to reduce it,” said attorney general ministry spokesperson Linda Mueller. More staff to enter tickets and schedule hearings would help, she said, but staffing priority goes to the areas of greatest need – criminal cases and serious civil or family law cases. ICBC officials note more than 60

EVAN SEAL / THE LEADER

Surrey lawyer Daryl Brown says more people are becoming aware that court congestion can be used as a tool to beat trafﬁc tickets. per cent of tickets disputed are upheld in court, although that’s down from 68 per cent found guilty five years ago. And when ticket challengers win, B.C. municipalities lose out. Cities get $63 million a year in traffic fine revenues shared by the province to help with policing costs. Surrey alone receives $5.9 million annually.

Stern said delays have worsened over the past year. He sometimes shows up to court in Surrey to find his client is one of four trials slated to go ahead in the same courtroom that day. Prosecutors then must decide which trial will proceed and adjourn the rest. That can mean another trial date – sometimes the third one to be set – 20 months or more after charges were laid, a time period that provides strong t’s not just traffic ticket dodgers grounds for dismissal. who might otherwise take their To avoid that outcome, prosecutors lumps and pay up who are emboldmay offer a better plea bargain. ened by delays in the system. Stern gives the example of someone Accused criminals and the defence charged with impaired lawyers who represent driving and driving with them increasingly see a a blood-alcohol level over good chance to quash 0.08 where another trial date cases based on delay. adjournment will mean the There’s less incentive case will almost certainly be to plead guilty – even tossed. when the case against the “They may accept a plea accused looks air-tight bargain to a charge under the – or accept an early plea Motor Vehicle Act of driving bargain offer from Crown without due care and attenunless it’s attractive. tion,” he said. The Justice Delayed Paul Pearson, a criminal report warned the growdefence lawyer in Victoria ing case backlog means and spokesman for the defence lawyers are more Canadian Bar Association, motivated to proceed said long delays harden the to trial because of the defence bargaining stance. potential for charges to But he rejects suggestions get thrown out, and, if defence lawyers and accused the case does go to trial, it criminals are rubbing their becomes harder to prove hands in glee over court older allegations as witdelays and how they can nesses become harder to exploit long waits. find or their memories “Most people charged fade. with criminal offences stress “The best defence about that every single day,” here is to set the thing Pearson said. “And they want for trial,” said Samiran an answer – yes or no, guilty Lakshman, president of the B.C. Crown Counsel Paul Pearson or not guilty – sooner rather than later.” Association. “Why would Lawyers usually aren’t paid you plead guilty in that more money when they have to make environment? That same type of many court appearances, he said, analysis and advice is being provided and they must be ready for trial on across the province.” repeated occasions. Fewer cases being resolved early “The thousands of people waiting mean even more pressure on a process for their trials are agonizing, losing already creaking under intense backsleep, literally having nightmares every logs. night about the process,” Pearson said. “It’s a bit of a catch-22 for the sys“They don’t make the news. But tem,” Surrey defence lawyer Marvin they’re the ones that are actually Stern said. “The system starts using paying the price for the delays in the its resources in hearing these delay justice system and the lack of judges.” applications.”

“Most people charged with criminal offences stress about that every single day...”

jnagel@surreyleader.com

18 Surrey/North Delta Leader Friday, April 1, 2011

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Justice: Many hurdles to get past From page 17 The report suggests federal and provincial funding cuts have left the system unable to meet basic needs and that itâ&#x20AC;&#x2122;s the working poor and

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marginalized people who suffer most. â&#x20AC;&#x153;It is an absolutely essential social service,â&#x20AC;? Doust said. â&#x20AC;&#x153;Without it, people can be, and indeed they are... deprived of the other essential services in our province, particularly social welfare. Itâ&#x20AC;&#x2122;s like the four-legged chair missing one leg: It falls.â&#x20AC;? In addition to making legal aid an essential service, Doust laid out eight other recommendations, which included re-establishing regional aid offices, making more people eligible and giving legal aid workers better pay and support. The legal aid system in B.C. has changed dramatically since its introduction in 1979. While the direction at that time was that legal aid representation had to be provided to those who couldnâ&#x20AC;&#x2122;t afford it for some areas of law, the rules were changed in 2001 and legal aid is no longer mandatory. For the most part, the Legal Services Society agrees with Doustâ&#x20AC;&#x2122;s findings, endorsing the notion that legal aid should be recognized as an essential public ser-

vice and that significantly more funding is needed. But the chair of the society also believes a fundamental shift is necessary in the way legal aid and those using it are viewed. Access to justice is often examined from the perspective of judges and lawyers, said Mayland McKimm, but when seen from the perspective of those caught up in the system â&#x20AC;&#x201C; often against their will â&#x20AC;&#x201C; the view is much different. â&#x20AC;&#x153;It is essential that we look at the justice system from the bottom up, not the top down, in order to understand its relevance to the resolution of legal problems that people face in their lives,â&#x20AC;? the longtime family and criminal lawyer told members of the Law Society of B.C. in early March. What judges and lawyers say is not necessarily what the average resident and those â&#x20AC;&#x153;ensnaredâ&#x20AC;? in the system want to hear, he said. He said in consultations with more than 100 people, it was found many legal aid users had more immediate and basic hurdles to get past â&#x20AC;&#x201C; child care, poverty

and transportation issues â&#x20AC;&#x201C; before they could begin to worry about getting a lawyer. For many, especially in remote communities, the biggest barrier to justice is just being able to get to the courthouse. â&#x20AC;&#x153;What does it matter if there are more lawyers, or that they all agree to slash their fees, if a single mother looking for child support has no one to look after her kids while sheâ&#x20AC;&#x2122;s in court?â&#x20AC;? he asked, suggesting improving accessibility â&#x20AC;&#x201C; like having more flexible court schedules or daycares in the courthouse â&#x20AC;&#x201C; would go a long way to improving the legal aid system. A second significant component to access to justice, said McKimm, is helping people understand how the legal system can assist them and making them less afraid of the process in general. This, he said, could perhaps be achieved by integrating legal services with trusted social services â&#x20AC;&#x201C; instead of sending people to lawyers. Financially, he said, LSS is working on reducing the cost of large criminal cases so that

more resources are available for access to justice initiatives. â&#x20AC;&#x153;If we can lessen the resources â&#x20AC;&#x201C; financial and judicial â&#x20AC;&#x201C; that the guns-and-gangs cases eat up, there may well be more resources available for access to justice initiatives and legal aid,â&#x20AC;? said McKimm.

Legal aid, but at what cost? Leonard Doustâ&#x20AC;&#x2122;s call to action last month for increased legal aid services may be applauded by some, but not the Canadian Taxpayers Federation (CTF). Gregory Thomas, spokesperson for the CTF, said citizens shouldnâ&#x20AC;&#x2122;t be on the hook for the $47 million in recommendations suggested by the Commission on Legal Aid. â&#x20AC;&#x153;Taxpayers donâ&#x20AC;&#x2122;t trust defence lawyers to do the right thing with their legal aid money,â&#x20AC;? Thomas said. â&#x20AC;&#x153;If defence lawyers ran legal aid, we would need to close every school and hospital in the country, because there would be no money left for anything else.â&#x20AC;?

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During Spring Clean-Up, you can place excess or bulky household material out on your regular collection day. Do not set out materials any sooner than the weekend before your scheduled collection. The quantity of accepted materials cannot exceed a regular pick-up truck load.

â&#x20AC;˘ Propane tanks, paint, solvents, or other hazardous material â&#x20AC;˘ Refrigerators, freezers or air conditioners â&#x20AC;˘ Yard trimmings, stumps, rocks, dirt or sod For disposal and recycling options, call 604-RECYCLE or visit www.corp.delta.bc.ca/recyclingdirectory The Corporation of Delta 4500 Clarence Taylor Crescent Delta BC V4K 3E2 www.corp.delta.bc.ca

Mattresses are banned from disposal at the LandďŹ ll and will not be collected during Spring Clean-Up

LOOSE ITEMS NOT BAGGED OR BUNDLED OR ITEMS THAT CANNOT BE HANDLED BY TWO PEOPLE WILL NOT BE COLLECTED

For more information, refer to your 2011 Curbside Collection Calendar, call 604-946-3260 or visit www.corp.delta.bc.ca/wastemanagement

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Friday April 8, 2011 Serving Surrey and North Delta www.surreyleader.com

Surrey completes major eco-study Environmentalists say review still has a few ﬂaws by Kevin Diakiw AN AMBITIOUS ecosystem review

has been deferred by city council for two weeks, giving environmental groups time to ask critical questions about the document. The Ecosystem Management Study (EMS) will serve as an overarching plan for Surrey’s greenspaces and ecological habitats for years to come. The city’s Environmental Advisory Committee and Surrey Environmental Partners (SEP) have said in the past that the EMS wasn’t coming quickly enough. Vast tracts of environmentally sensitive areas would be developed before the plan is put into Deb Jack action, they feared. Even though Surrey was ready to endorse the plan on Monday, it would not have been put into force until an Official Community Plan is adopted by council later this year. Environmental groups are happy to have a bit more time, saying they’re not pleased with some parts of the EMS.

EVAN SEAL / THE LEADER

Police ofﬁcers log numerous hours preparing paperwork and performing other necessary procedures for trials. With increasing frequency, that hard work is going to waste as crippling court congestion is causing cases to be thrown out.

Front line frustration Court delays diminish ofﬁcer morale, inﬂate police costs by Jeff Nagel POLICE OFFICERS sit outside courtrooms in heavily

backed-up Surrey Provincial Court awaiting their turn to be called. If they’ve come for a trial that has already been adjourned multiple times, it could be their third or even fourth appearance in an attempt to testify in the case. And if the institutional delay is ruled excessive, the case may be tossed out and the accused will walk free, rendering the officers’ time and effort null and void. Critics say it all adds up to a colossal waste of taxpayers’ money. And the hours police spend in court is just the tip of the

iceberg. By the time they set foot in court, officers have spent many hours investigating and interviewing witnesses. DNA tests or other forensic work and expenses may have been ordered. After a suspect is collared, there is also a mountain of paperwork to be completed, notably the report to Crown counsel requesting charges. What’s more, in recent years the duty to disclose evidence to the defence has become far more onerous and now consumes much more police time than in the past – particularly if there’s translation and transcription costs involved with non-English speaking witnesses. “The costs are huge for us,” Delta Police Chief Jim Cessford said.

JUSTICE

D E I N E D

See NO CONSEQUENCES / Page 19

See STUDY / Page 5

Editorial 6 Letters 7 Sports 34 Arts 38 People 45 Classiﬁeds 50 NINTH ANNUAL

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A Black Press special series investigating the congestion and delays in B.C.’s legal system.

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Friday, April 8, 2011 Surrey/North Delta Leader 19

A LEADER SPECIAL SERIES

FACES OF DELAY: Torie and Jessica The father of a woman involved in a life-altering car crash believes B.C. is well on its way to having an impotent justice system where criminals don’t worry about the empty threat of penalties by Jeff Nagel NORTH VANCOUVER’S Jessica Van Ruyven and her best friend Torie Gerard from Whitehorse had just graduated from university and were working at lodges near Campbell River in the summer of 2007 when in an instant, their lives were changed forever. The two young women were driving down the Island Highway with dreams of a trip to Europe.

Above: Jessica Van Ruyven (left) and her best friend Torie Gerard before a devastating highway crash that left Gerard with permanent injuries (right). The accused drunk driver in the 2007 incident had the case against him thrown out due to court delays. It was the second time the same man had been charged with impaired driving but had the charges stayed.

Then a drunk driver slammed into them head-on. An airbag saved Van Ruyven from serious injury. But Gerard’s head went through the windshield. She initially wasn’t expected to live. Three-and-a-half years later, after multiple surgeries on her left eye, Gerard still requires a walker to move around, suffers from psychological and emotional trauma, and has a permanent brain injury.

“She will never, ever be normal,” said Andy Van Ruyven, Jessica’s father. “She’s got a life of handicap and challenges that are not her own fault. And no one will be responsible or pay anything for that.” He thought the crash was an open-andshut case and justice would be swift. He was wrong. It took nearly a year for charges to be laid against the Campbell River driver in the oncoming pick-up truck. Transfers at the Campbell River RCMP

detachment bounced the file from officer to officer. For some time, no one knew who was handling it, adding to the delays. Police were also slow to disclose documents to defence – as required – and the accused’s lawyer succeeded in adjourning the first trial date. Around the same time, one of two judges in Campbell River retired and wasn’t replaced, worsening the backlog in the congested courthouse there. See ACCUSED / Page 20

No consequences: Corrodes public confidence From page 1 He recounted one case where disclosure and transcription costs alone devoured more than $250,000 over six months. “To have the case denied because of unreasonable delay is really, really frustrating for everyone,” Cessford said. “That really sends a bad message to everyone.” Cases are increasingly being tossed out over delays in Surrey and across B.C. because jammed courthouses can’t keep up. More than 2,100 criminal cases have dragged on so long, they are at risk of being quashed. The reason? A severe shortage of judges – as well as sheriffs and other court support staff – because of chronic provincial under-funding of the system. Police officers realize what happens in the court system is out of their hands. But investigations that go nowhere or die in the courts hurt officer morale, Cessford said. Cases can be quashed by judges or stayed by prosecutors who anticipate a judicial stay because of delay. Crown sometimes bargains down to a lesser charge to secure a guilty plea. Prosecutors are now having to triage incoming charge requests from police because court congestion has forced them to raise the bar for charge approval. As a result, lesser offences such as non-violent property crimes are less likely to make the cut, particularly if the evidence doesn’t provide a very strong likelihood of conviction. The trend is also affecting policing decisions on the level of resources committed to an investigation – particularly for less-serious crimes that could be bogged down in court delays and ultimately quashed. Delta’s Carol Berner was convicted of dangerous driving and impaired driving causing death in the crash that killed four-year-old Alexa Middelaer in Ladner on May 17, 2008. Delta Police staged an elaborate and expensive monthslong sting to get Berner to admit to an undercover officer she

drank three glasses of wine before driving that day. Cessford said his force would still put the same resources into a similar case today. “On a much less-serious offence, we would be very, very careful about how far we would get into the investigation,” he said. Even when charges aren’t at risk of being quashed, there are still dangers from delay. Witnesses may forget details and weaker testimony – from civilians or police officers – can result in the accused walking away unpunished. “Memories start to fade,” Cessford said. “They’re not as sharp as if the case had been brought forward much sooner. That can have an effect on the outcome.” The police job of protecting and managing witnesses – tracking them as they move to new cities or provinces and Delta Police Chief Jim getting them to come back to Cessford testify – also becomes more onerous as cases drag on. “The witnesses lose interest and they tend to cut us out after a while,” Cessford said. “They lose confidence in the system. They think ‘this is not justice, this is not working’.”

angley City Mayor Peter Fassbender fears too many suspected criminals aren’t getting into court in the first place. They’re being turned aside by prosecutors who can’t justify loading so-called minor cases into the already jammed system. And he suspects police increasingly aren’t pursuing cases

they know will never get to court. “People are frustrated by that and the police are frustrated by it,” said Fassbender, who co-chairs the Lower Mainland District RCMP/Mayors’ Consultative Forum and sits on Metro Vancouver’s policing issues committee. He said there are too many prolific offenders with numerous charges on their files who never seem to suffer consequences. It all threatens to corrode public confidence in the justice system among law-abiding citizens and weaken the deterrent of penalties for the criminally inclined. “There used to be a sense that if you do the crime, whatever level of that it might be, you’re going to suffer the consequences,” Fassbender said. “I think people are beginning to question that.” On the policing front, local cities are intensely concerned about rising costs. Surrey alone pays $97 million a year for RCMP operating costs – one-third of the city’s budget. Surrey RCMP officers spent nearly 9,200 hours in court last year. Since experienced officers make $37 an hour and about half of court appearances net overtime at double pay, the cost of court time approaches $500,000 a year. If officers appear in court on their regular work shifts, that’s time they aren’t available to actually police the community, forcing detachments to backfill with other staff. And if officers are in court on their days off, overtime must be paid. Either way, Fassbender said, delays in court translate into more taxpayer dollars being spent and fewer boots on the ground to patrol communities. “It all drains on the human and financial resources the more they have to be in court.” He wants “creative solutions” pursued – even night court sittings if that’s what it takes. See CRISIS / Page 20

20 Surrey/North Delta Leader Friday, April 8, 2011

Crisis: Started nine years ago, prof says

case backlog. “We need to give the police and the judiciary the tools to deal with some of this stuff.”

From page 19 But he also said the province must hire more judges to help reduce the

Public Hearing - April 19, 2011 The Municipal Council of The Corporation of Delta will hold a Public Hearing, in accordance with the Local Government Act, to consider the following proposed projects and related applications: Date: Tuesday, April 19, 2011 at 7:00 p.m. Place: Council Chamber, Delta Municipal Hall 4500 Clarence Taylor Crescent Delta, BC V4K 3E2 A Council meeting is scheduled to immediately follow this Public Hearing in the event Council wishes to give further consideration to any projects at that time. Additional information, copies of the bylaws, supporting staff reports, and any relevant background documentation may be inspected until April 19, 2011. Municipal Community Planning and Hall: Development Department Website: www.corp.delta.bc.ca Email: com-pln-dev@corp.delta.bc.ca Phone: 604.946.3380 Hours: 8:00 am to 4:45 pm Monday, Tuesday, Wednesday, and Friday 8:00 am to 8:00 pm Thursday ▼ Project No. 1 Application for Ofﬁcial Community Plan Amendment, Rezoning and Development Variance Permit (File No. LU006088) Location: 8888 116 Street as shown outlined in bold on MAP NO. 1 Applicant: Gurjinder Grewal/ Paramjit Deol Telephone: 604.773.8490 Proposal: Application for Ofﬁcial Community Plan Amendment, Rezoning and Development MAP NO. 1 Variance FILE NO. LU006088 Permit to allow subdivision and development of three single family lots.

“The Corporation of Delta Official Community Plan Bylaw No. 3950, 1985” Amendment Bylaw No. 6946 To amend the land use designation for the subject property in Schedule C.1 North Delta Area Plan from SFR – Single Family Residential to ISF – Infill Single Family Residential. “Delta Zoning Bylaw No. 2750, 1977” Amendment Bylaw No. 6947 To amend the “Delta Zoning Bylaw No. 2750, 1977” by rezoning the subject property from RS6 Single Family (460 m2) Residential to RS7 Single Family (335 m2) Residential in order to allow the proposed three-lot subdivision. Development Variance Permit LU006088 To vary “Delta Zoning Bylaw No. 2750, 1977” as follows: i) Section 305 by varying the front setback averaging requirement to establish a front setback of 7.5 m for the proposed lots; and ii) Section 914 by reducing the special setback from the centre line of 116 Street from 21 m to 19.69 m for the proposed lots. Staff Contact Tanya Mitchner 604.952.3472 Web Location April 4, 2011 Regular Council Meeting Agenda Item E.05 Any persons who believe that their interest in property will be affected by the proposed projects shall be given an opportunity to be heard at the Public Hearing on matters contained in the bylaws and/or proposed by the applications. Should you have any concerns or comments you wish to communicate to Council in advance of the Public Hearing, you can write to: Mayor and Council 4500 Clarence Taylor Crescent Delta, BC V4K 3E2 Fax: 604.946.3390 Email: mayor-council@corp.delta.bc.ca To be considered, correspondence must be received by the Office of the Municipal Clerk no later than 4:30 p.m. on April 19, 2011. Please note that Council may not receive further submissions from the public or interested persons concerning any project after the Public Hearing has concluded.

The Corporation of Delta 4500 Clarence Taylor Crescent Delta BC V4K 3E2 www.corp.delta.bc.ca

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riminologist Daryl Plecas of the University of the Fraser Valley says there’s not enough judges, prosecutors or courthouses to deal with the caseload. He traces the rise in congestion to government’s decision nine years ago to close two dozen courthouses across B.C. “Whose brainchild was that?” Plecas asked. “You in effect narrowed that funnel such that no matter what police do, the capacity of the court system is only so much.” Attrition resulting in fewer sitting judges and reduced court time came despite a growing population, more police officers being hired, and a greatly increased complexity of cases. For example, an impaired driving trial that once took a couple of hours can now take three days. Some police officers do nothing but handle disclosure requirements. And court delay means a longer, more challeng-

ing job of protecting witnesses in serious crimes, Plecas said. “We’re saying at the end of the day to a victim, ‘Your case is not being dealt with because we don’t have a system which is capable of doing this’.” Some relief could be on the way. New administrative penalties instead of charges for impaired driving may mean much fewer drunk drivers clogging the courts, Plecas said. That might – over time – help reduce the court case backlog, which Plecas believes is the main reason behind the reform that some observers have criticized as a de facto decriminalization of impaired driving. “What they’ve in effect done is dump those cases,” he said. Not everyone is convinced the shift to roadside impaired driving penalties is a silver bullet that will relieve pressure. Samiran Lakshman,

president of the B.C. Crown Counsel Association, said early evidence suggests police who are freed up from the hours spent on impaired driving investigations, the accompanying paperwork, and court time, are getting back on the street faster and pursuing other cases to bring to court. “They’re going and finding other criminals,” Lakshman said. “It’s great for the community. But it does nothing to relieve the pressure of how many of these files are coming into the system.”

By the numbers: • 27-per-cent increase in number of police officers in B.C. from 2001 to 2011 (7,279 to 9,261). • 13-per-cent decrease in number of provincial court judges over same period (145 to 128). • 73 police officers for every judge, up from 50 in 2000.

jnagel@surreyleader.com

NEXT FRIDAY: The government responds to issues raised in The Leader’s series

Accused: 2 cases stayed From page 19 The trial was pushed back to December 2010. But in June of last year – nearly three years after the crash – the defence applied for a judicial stay of proceedings. Provincial Court Judge Brian Saunderson ruled the case had dragged too long and the accused man’s right to be tried within a reasonable time had been violated. It was the second time the same accused had been charged with impaired driving but had the case thrown out. It’s still incomprehensible to Van Ruyven. “When people like that can walk from the scene and from the process without facing charges it throws the

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whole system into disrepute,” he said. Van Ruyven believes B.C. is on a “slippery slope” to an impotent justice system where criminals don’t worry about the empty threat of penalties and victims “go into vigilante mode and take things into their own hands.” His question: How serious does a case have to be to get priority in the courts and ensure it will be heard? “If my daughter or her friend were killed would that have put any more urgency to it?” he asked. “Who is making those decisions to say, ‘This is one we can’t let go? And these other ones where there’s just maiming or dismemberment or handicap short of death – those we don’t have time or the energy to prosecute.’ “There’s absolutely no fairness in that.”

jnagel@surreyleader.com

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Friday April 15, 2011 Serving Surrey and North Delta www.surreyleader.com

by Jeff Nagel

espite a chorus of voices calling for an emergency infusion of money to unclog B.C.’s critically congested court system, the provincial government has no such plans. In fact, more cuts are coming. The B.C. Provincial Court warned in its extraordinary Justice Delayed report last fall that another 17 judges must be hired just to get back to 2005 levels and stop the growth of the case backlog that increasingly lets criminals walk free because of unacceptable delays. Instead, February’s provincial budget approved more cuts for 2011-2012 – one per cent for the judiciary, eight per cent for court services and six per cent for prosecution services to carve out another $14.5 million – followed by a funding freeze for the following two years until 2014. Years of attrition have whittled down the number of judges and sheriffs and increasingly complex, longer cases take up more time for prosecutors. More than 2,100 criminal cases are now at risk of being tossed out of court due to delays that threaten to violate the accused’s right to be tried within a reasonable time. And the concerns don’t end there. As recounted in previous installments in this investigative series, longer waits are hurting victims of spousal abuse, children in custody battles and other family law matters. Defendants are less likely to plea bargain and more apt to go to trial to try to exploit the long delays in the system. Even repeat speeders are challenging traffic tickets and then getting them quashed when they drag on too long in the courts. And critics say the time a resources and po police spend inv investigating A Black Press suspects who special series never go to investigating the trial is an unaccongestion and ceptable waste. delays in B.C.’s

Accused killer driver a no-show in court

NO CASH FOR COURTS

Surrey teen charged in 2009 crash by Sheila Reynolds HE WAS supposed to have

In fact, more funding cuts are coming, amid promises of reform

JUSTICE

D E I N E D legal system.

See A-G / Page 17

LEADER FILE PHOTO

B.C. Attorney General Barry Penner says there will be further reductions in funding for the provincial court system this year, and no new inﬂux of money in the foreseeable future.

Editorial 6 Letters 7 Sports 29 Arts 34 People 38 Classiﬁeds 41 NINTH ANNUAL

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his first court appearance Wednesday morning, but the young man charged in the driving death of Surrey teen Sanjeeve Sharma didn’t show up. Neither did his lawyer. But Sanjeeve’s parents were there, as were his 12-year-old brother, grandparents, uncles and cousins. They plan to attend every court date Victim of the accused, Sanjeeve Sharma. who was 16 years old when he allegedly crashed his car, killing Sanjeeve, who was a passenger. “I want him to see our eyes,” said Sanjay Sharma, Sanjeeve’s father. “Every time he’s there, I want him to look at us, because we’ll be looking at him.”

See FATHER / Page 3

Save time, save money.

Friday, April 15, 2011 Surrey/North Delta Leader 17

A LEADER SPECIAL SERIES

A-G: New initiatives will help From page 1

How bad will the court crisis get? Public tolerance is waning, NDP’s Leonard Krog warns by Jeff Nagel THE FACT the B.C. Provincial Court

has even taken on the issue of the faltering justice system is remarkable. Several judges – who rarely comment on political matters – have also directly criticized the backlogs, delays and chronic under-funding in recent rulings in which they have thrown out charges against accused criminals. “No justice system should be in such a state of disarray that the judges have to be begging for help from the government,” said Leonard Krog, NDP critic for the attorney general. He said the system has been bled on multiple fronts. In addition to the lack of judges, prosecutors, clerks and sheriffs, Krog pointed to past funding cuts to legal aid and the closure of courthouses, community law offices and poverty offices that have pushed the justice system in B.C. into a “deplorable state.” When Crown prosecutors are stretched too thin, he noted, errors happen and criminals go free. “Defence counsel will quite properly take full advantage of every mistake that is made,” he said. “You’ve got to stop sending people into gunfights packing knives.” Provincial politicians tend to emphasize law enforcement. When gang violence flares up, they often move quickly to add more police to ease public concern. This month Victoria announced much stiffer animal cruelty penalties in response to outrage over the sled dog slaughter in Whistler. See LEGAL TAX / Page 18

“Clearly we have some challenges in certain areas,” B.C. Attorney General Barry Penner said in an interview with Black Press. But he confirmed there will be further cuts this year and no new cash for the foreseeable future. “If we had extra dollars available (adding more judges) would be one of the things I’d be interested in considering,” Penner said. “But there’s a limited amount of money in taxpayers’ pockets. We heard that throughout the HST debate. There’s not an unlimited appetite for taxation.” Instead, he sees relief coming from various reforms that don’t cost more money.

ritish Columbia’s shift last fall to tougher administrative roadside penalties for drivers caught with a blood-alcohol level over 0.05 alarmed some motorists who wondered whether they could drink any alcohol at all on an evening out. The number of conventional charges police laid against impaired drivers also plunged. That’s starting to take pressure off the court system. “If you can get a big reduction – and we’re seeing a 75- to 80-per-cent reduction in the number of new impaired driving cases entering the court system – that creates the opportunity for other matters to be heard sooner,” Penner said. Impaired cases were taking up to half the time in some B.C. courthouses, he said. A former lawyer in Chilliwack, Penner recalls drunk driving trials used to take half a day 15 years ago but have ballooned to two days at present. Eliminating many of the cases may have a profound effect on the court delay problem, Penner said. According to Penner, in three months from December through February, there were 2,000 fewer impaired driving charges laid in B.C. compared to the same period a year ago as a result of the change. “It’s not the primary reason we did it,” Penner said, calling the freeing up of court time a “co-benefit.” The roadside justice may look tougher but some lawyers call it a virtual decriminalization of impaired driving, allowing drunks

court congestion is through greater use of caught behind the wheel to avoid a criminal technology – from electronic filing of docurecord, a Canada-wide one-year driving ban ments to increased use of video conferencing. and, if convicted a second time, a minimum 30-day jail term. Penner counters that the public safety ow much money would it take to results look promising because fewer people simply do what the judges recommend and bring court staffing levels back up now drive after drinking. Preliminary figures point to a 40-per-cent to what existed six years ago? Adding 17 judges costs more than strictly drop in the number of impaired drivers on the road and fewer deaths as a result. their annual salaries of about $235,000 “Perhaps 15 people are alive today that each plus pensions and benefits. Additional wouldn’t be if we hadn’t made this change sheriffs, prosecutors, court clerks and even last year,” Penner said. “Never mind just janitorial staff must accompany them. court time, we’re actually saving people’s lives All in, the cost is about $1.5 million per through this initiative.” judge. Solving the problem would therefore cost But some observers question how much court time will be saved. They roughly $25 to $30 million a year in additional funding – as well as suggest police officers freed from drunk driving investigations and a decision to forestall the further related paperwork will be back cuts now planned. That’s roughly a six-per-cent increase in the on patrol faster and finding other criminals to charge, adding cases $458-million operating budget of back into the courts. the attorney general’s ministry. “We’ll see,” Penner said. “If it’s Advocates describe it as barely freeing up the police to pursue a rounding error in terms of the other matters and people aren’t multi-billion-dollar health care drinking and driving as much, budget. I think that’s a very good thing But Penner said increased fundindeed.” ing is not an option right now. The attorney general is also He cited twin uncertainoptimistic other reforms will save ties clouding the province’s time in the courts. He points to a finances: the tepid economic pilot project underway in Victoria recovery that could falter due to that aims to streamline the court rising oil prices or other factors; process and reduce the number of and the fate of the Harmonized pre-trial appearances. Tax, which if defeated in the B.C. Attorney Sales There should be no need, referendum in June could force Penner said, to have up to seven B.C. to repay $1.6 billion in transiGeneral court appearances – as sometimes tion benefits provided by Ottawa. happens now – before a case is Barry Penner “If the HST is rejected, that will heard. have significant financial conse“How many pre-trial appearquences to the treasury in future ances do you really need to have years,” Penner said. before you have a trial?” Was he implying victims of crime who The change will require cooperation of don’t want to see more criminal cases judges, lawyers and prosecutors. quashed by delay need to root for the HST Penner also said work is underway on to survive if they want to see more provincial new initiatives to settle family law disputes in money flow into the court system? less adversarial ways, such as mediation and “No,” Penner replied. “But those are some discussion where possible. of the variables that are out there when we’re “They’re having some success,” he said. talking about our future budget plans. In “There’s undoubtedly more we can do in that order to fund government programs, you regard.” need tax revenues.” He said another potential avenue to reduce jnagel@surreyleader.com

“There’s not an unlimited appetite for taxation.”

EVAN SEAL / THE LEADER

Surrey’s courthouse is one of the most congested in B.C. Delays in scheduling trials mean a single adjournment can often put a case at risk of being thrown out due to the accused’s constitutional right to be tried within a reasonable time.

18 Surrey/North Delta Leader Friday, April 15, 2011

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Legal tax: Brings in more than $100 million annually From page 17

million per year for the government – far more than what it would take to revive the court system. But such measures ring hollow, Krog said, if The tax, part of the old Provincial Sales Tax, the courts can’t deal with the resulting cases. “The Liberals talk tough on crime but they’re has since been rolled into the HST, so clients now pay 12-per-cent tax on lawyers’ fees, with not prepared to walk that talk,” Krog said. seven per cent still flowing into “It is a money and priorities provincial general revenue. issue. This government clearly Krog said it’s frustrating for doesn’t place the justice system police to risk their lives catching high on its priorities.” criminals, do all the paperwork Not everyone is stuck in the involved and then see the case slow lane. dismissed for delay. Family law matters can be So far most of the cases tossed shifted from the clogged prohave been standard impaired vincial courts to B.C. Supreme driving cases. Court, but it’s very expensive. But public tolerance is waning, “There’s a Lexus lane for Leonard Krog he said. people with money,” Krog said. “Wait until the first very seri“For ordinary British Columbious crime is dismissed, involving ans, the court they rely on is under-judged and deaths, drugs or serious penalties,” Krog said. under-funded.” “How much are British Columbians prepared to And Victoria actually extracts money from tolerate?” users of the justice system. A legal services tax created in 1992, origijnagel@surreyleader.com nally to fund legal aid, generates well over $100

“This government clearly doesn’t place the justice system high on its priorities.”

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The City of Surrey Council Invites Nominations for the 2011 Good Citizen Award. This honour is awarded on an annual basis to a person who has given outstanding service for the betterment of our community over the years. Any private individual or service group is invited to submit nominations for Council’s consideration. The Good Citizen Award for 2011 will be presented at the 2011 Volunteer Services Recognition Banquet. Written nominations from private individuals or service groups are welcome, and should be submitted to the City Clerk’s ofﬁce at 14245 - 56 Avenue, Surrey, B.C., V3X 3A2, or submitted electronically to clerkswebmail@ surrey.ca no later than Friday, April 29, 2011. For more information or to download the Good Citizen 2011 nomination form visit our website at www.surrey.ca.

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6 Surrey/North Delta Leader

OPINION

Friday, April 15, 2011

Published and printed by Black Press Ltd. at 5450 152 St., Surrey, B.C.

The

Leader

PUBLISHER Jim Mihaly

CRISIS IN THE COURTS

Justice denied: This is an election issue

QUESTION OF THE WEEK

Do you want the government to increase funding for the justice system in B.C.? To answer, go to the Home page of our website: www.surreyleader.com

EDITOR Paula Carlson

CIRCULATION MANAGER Marilou Pasion Newsroom email: newsroom@ surreyleader.com Phone: 604-575-2744 604-575-2544 fax Advertising 604-575-2744 604-575-2544 fax Classiﬁed 604-575-5555 604-575-2073 fax Circulation 604-575-5344 604-575-2544 fax

2010 winner BCYCNA Ma Murray Awards

2010 winner

The issue:

Our view:

2010 The Surrey/North Delta Leader is a member of the British Columbia Press Council, a self-regulatory body governing the province’s newspaper industry. The council considers complaints from the public about the conduct of member newspapers. Directors oversee the mediation of complaints, with input from both the newspaper and the complaint holder. If talking with the editor or publisher does not resolve your complaint about coverage or story treatment, you may contact the B.C. Press Council. Your written concern, with documentation, should be sent within 45 days to B.C. Press Council, 201 Selby St., Nanaimo, B.C. V9R 2R2. For information, phone 888-687-2213 or go to www.bcpresscouncil.org

LAST WEEK WE ASKED:

Would you like to see more user-pay recreational opportunities in regional parks? Here’s how you responded: Yes 19% No 81% STATE OF THE CITY

Surrey forges ahead

ayor Dianne Watts gave her annual State under 19. Between now and 2050, 70 per cent of of the City address on Tuesday, and it is all growth in Metro Vancouver will be south of the obvious that Surrey has many challenges Fraser. and opportunities ahead. That means there is a need for a much better tranHer speech summed up where the city has come sit system, and for a continued plan to have enough in recent years, and tried to project some of the direc- schools and post-secondary institutions to accomtions it will be going as it continues to grow at an modate all these young people. almost exponential rate. The provincial government has not done its part The mayor’s speech attracted significant interest to provide enough funding for new schools in Surrey all across the Lower Mainland. Many people in the – something she addressed. It is also falling down by development, construction, real estate, communicacontinuing to forge ahead with a plan to toll the Port tions and planning industries know that Surrey is Mann Bridge and no others. where much of the growth over the next 50 years will As for transit, when North Vancouver District take place. It has lots of urban land availMayor Richard Walton refers to able for development or redevelopment, Surrey as among “ the most remote and good infrastructure to support that parts of Metro Vancouver,” it indicates development. the depth of challenges Surrey has “Surrey has repeatedly been named in getting a fair shake from regional the best place in B.C. to invest and was decision-makers. What is particularly recently recognized as the best place to sad is that Walton is the chair of the find a job in the Lower Mainland,” Watts TransLink mayors’ council, so should said. be up to date on the transportation There was more than $1 billion in needs of the entire region — not just construction activity in Surrey in 2010, his back yard. and there is no sign of that slowing down Watts has tried hard to work with Frank Bucholtz other anytime soon. mayors in the region, but it is In Whalley, the city is growing up, obvious that some of them remain not outwards. New high-rises are under parochial in the extreme. If TransLink construction, and a key part of the Build Surrey cannot improve transportation services to Surrey, initiative of the city is construction of a new city hall maybe Surrey will have to look at other options. She’s and library in the area. The library is well underway, not saying that yet, but if things don’t change she may while work on the new city hall has just started. be. Watts has combined a strong interest in attracting As she noted, there has been no transit expansion investment and jobs with important social initiatives. in Surrey in 17 years. At that time, the population She noted in her speech that, since 2009, 356 people was 250,000. have been helped to get off the street and into permaSurrey has come a long ways in recent years, and nent housing. Surrey cannot reach its full potential Watts’ leadership has been a factor in that. She is without ensuring that the social fabric is strong. committed to working with business and citizens to A key point she made is about the crime rate, make the city a better place. which has dropped sharply. Auto theft (remember If she is able to get more co-operation from when Surrey was the auto theft capital of Canada?) regional and provincial decision-makers, that can has dropped 74 per cent. The city’s crime reduction make a big difference. Even without that co-operastrategy is having an effect, as is the provincial bait tion, Surrey will continue to grow and change. car program and its offshoots. The mayor noted that Surrey will be home to Frank Bucholtz is the editor of The Langley Times. 850,000 people by 2050, with one-third of them He writes weekly for The Leader.

quitefrankly

Address 200-5450 152 St. Surrey, B.C. V3S 5J9

ealth care. Education. The Harmonized Sales Tax. There’s no shortage of hot-button issues clamouring for government attention as a possible provincial election looms. But there’s an even bigger elephant in the room, one that has been ailing for nearly a decade and by many accounts, is now in danger of collapsing. B.C.’s legal system is in big trouble. Justice Denied, The Leader’s five-week investigation into the various components of the system, has revealed a precarious house of cards. Provincial funding cuts dating back to 2003 have reduced the number of sitting judges, fuelling a trial backlog that increasingly lets criminals go free because of unconstitutional delays. The result? More than 2,100 cases are now at risk of being tossed out of court due to waits that threaten to violate the accused’s right to be tried within a reasonable time. Savvy defence lawyers are exploiting the dysfunction in the system to their advantage. Accused criminals – some Q A chronically charged with serious crimes overburdened such as impaired driving causing legal system bodily harm – are getting away scot-free without having to face their victims or be accountable for their actions. The considerable efforts of Q Despite being police officers are being wasted, handcuffed by not to mention the taxpayer a challenging money used to pay them for economy, the B.C. investigations, forensic work and government must testimony that are all for naught provide more once the suspect walks. funding to ﬁx But perhaps the hardest hit the problem are the victims – regular people impacted by crime who have no choice but to rely on a deteriorating legal system for relief. The verdict on the possibility of a quick fix is grim. February’s provincial budget approved another $14.5 million in cuts to the judicial system for 2011-2012 – followed by a funding freeze for the next two years, until 2014. This despite the fact a tax on legal services – originally created to support legal aid – funnels more than $100 million each year into the province’s general revenues. It’s estimated about $25 million annually in additional funding would bring staffing levels in the court system up to the levels they were six years ago. Imagine what dedicating a $100 million to the courts would do. B.C. Attorney General Barry Penner told The Leader this week he would like to provide additional dollars, but there’s only one pot of money to support myriad public services and indeed, only one taxpayer. That may be true. But aside from health care, one would be hard-pressed to identify an issue that cuts across all walks of life and has, directly or indirectly, affected nearly everyone. Divorce, drug use, child custody battles, physical and sexual assaults, break-and-enters, murder, domestic violence, negligent or impaired driving, speeding, animal abuse... who hasn’t been impacted by such occurrences, or known someone who has? If Premier Christy Clark is serious about her “Putting Families First” platform, fixing B.C.’s debilitated justice system must be among her top priorities. Voters: When the provincial writ is dropped, make this an election issue politicians can’t ignore.