Canadian Lawyer

leaky court sign of times in n. ONTARIO D uring a tour of northern Ontario this spring, County & District Law Presidents' Association chairwoman Janet Whitehead found a courthouse in Fort Frances, Ont., where judges were hearing land claim cases in a room outfitted with tarps and hoses carrying water from a leaky roof. It's no surprise, then, when it comes to access to justice, those working in northern Ontario say they feel ignored. "So much of access to justice is reliant upon the gatekeeper of the justice system, which is the presiding judge," says Barbara Morgan, one of 11 lawyers in the Rainy River, Ont., district and president of the District of Rainy River Law Association. "When you don't have a judge here, it really becomes a hit-and-miss approach to justice." Some of the issues surrounding native justice arose in former Supreme Court of Canada justice Frank Iacobucci's report on jury representation in February. While the intention was to address the issue of native representation on juries, Iacobucci noted there were a host of other pressing matters. Despite broader concerns about justice in the region, Morgan says the push to have a resident judge is something easily addressed and rectified. Northwestern Ontario includes three districts: Kenora, Rainy River, and Thunder Bay. Each has its own complement of provincial court judges (four, one, and six respectively), but when the judge in Rainy River moved Field_CL_May_13.indd 1 away last June, the court transferred the position to Kenora. Now, a visiting judge only comes to the community every eight to 12 weeks. Other cases go to Kenora, forcing people in Fort Frances and Atikokan to travel, leaving a "tremendous gap" in service, says Morgan. So when Whitehead accepted an invitation to address the recent annual general meeting of the District of Kenora Law Association, she used the opportunity to check out concerns raised by members in the north. Besides Whitehead's concerns about the physical condition of the courthouse she visited, the delivery of justice also relies on videoconferencing, something that's not a perfect technology and that many First Nations members aren't comfortable with. She also heard stories about limited availability of judges at satellite courts. "It really wasn't a question of whether there was access to justice but whether there was access to appropriate justice," says Whitehead, who feels there are serious issues surrounding the quality of justice available in northern Ontario. Whitehead hopes to consult with the provincial attorney general's office to encourage a review of the decision to leave Rainy River without a resident judge. What struck Whitehead during her trip was one of Iacobucci's recommendations that the attorney general study the adequacy of existing legal representation as well as the location and schedule of court sittings. Janet Whitehead found hoses and tarps among the makeshift solutions to a leaky roof at the courthouse in Fort Frances. Describing the justice system for First Nations people, particularly in the north, as being in crisis, Iacobucci called for the reintroduction of restorative justice programs that "would have multiple benefits at the community level. Such benefits include the delivery of justice in a culturally relevant manner, greater understanding of justice at the community level . . . and an opportunity to educate people about the justice system and their responsibility to become engaged on the juries when called upon to do so." In his response to the report, Attorney General John Gerretsen mostly addressed the issue of First Nations representation on juries, but added a provincial advisory group would advise the ministry on matters relating to First Nations and the justice system. From her perspective, Morgan sees huge space for improvement in the sometimes-forgotten corner of the province. Both Morgan and Whitehead would like to see a summit including all stakeholders in a bid to improve the system and reduce delays. But the work won't be complete until those involved have identified the problems, they say. — Marg. Bruineman www.CANADIAN L a w ye r m a g . c o m 13-04-11 10:41 AM M ay 2013 11

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