Courtroom closures across B.C. due to a shortage of sheriffs to provide security and move prisoners is harming the ability of the province’s courts to do their jobs, the Trial Lawyers Association of B.C. (TLABC) says.
A recent report, requested by the chief sheriff, concluded that failures in the recruitment of new staff resulted partially from low and uncompetitive pay and benefits. Inadequate allocation of resources for sheriff recruitment efforts and the structure and management of the recruitment process is also impacting the court system.
"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," noted the report.
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,” the report said.
"If this situation continues unchecked, it could lead to court closures and limited access to justice for British Columbians.”
Reports of closures throughout the province have already begun, including in Abbotsford, Port Coquitlam, Surrey, Vancouver’s Robson Square, Victoria, Chilliwack and Kamloops.
Lack of staff to safely move prisoners inside courthouses is also causing delays, Glacier Media has learned.
That has led to a decline of in-person appearances and greater use of video appearances. In the past two years, a lack of video rooms in prisons has also exacerbated problems.
The report said several "critical changes" would be need to be implemented to reduce attrition rates and allow the sheriff service to replenish its ranks.
TLABC Criminal Defence Committee chair Rebecca McConchie said the functioning of the criminal justice system, particularly in busier jurisdictions, would be harmed by courtroom closures.
“Accused persons are usually required to attend court in person for substantive court proceedings, including trials,” McConchie said.
When a trial must be adjourned at the last minute due to insufficient justice system resources, it is not fair to the accused person who has been waiting for their day in court — sometimes while incarcerated or on restrictive release conditions,” McConchie said.
“It is also not fair to others involved in the process, including complainants, witnesses, counsel, and judges, who devote time, energy, and resources into preparing to fulfill their respective roles in the court process.”
