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Sheriff shortage raised during Question Period - BCGEU


The shortage of sheriffs in provincial court houses was raised in Question Period in the Legislature on Tuesday, May 10, 2011. Below is the exchange between the Opposition and the government.

Oral Questions in the B.C. Legislature
FUNDING FOR CRIMINAL JUSTICE SYSTEM

 

A. Dix: My question is to the Attorney General. Two weeks ago in Victoria two courtrooms were closed. Last week in Kelowna two more were closed. Eight families seeking justice were denied because, in that case, there were no sheriffs. In Kelowna, Judge Cartwright didn't pull any punches. She said: "It's ridiculous to run courtrooms this way." Does the Attorney General  agree with Judge Cartwright?

Hon. B. Penner: We do take safety and security in the courthouses seriously, and that's always the paramount concern. Obviously, the judge didn't feel comfortable proceeding in the absence of a sheriff. On any given day there could be fluctuations in the caseload, or there can be increased rates of absenteeism with the sheriff services. But overall, we work hard to provide the sheriffs that are required for the courts to operate in a safe manner, and that remains our number one priority.
 

Mr. Speaker: The Leader of the Opposition has a supplemental.
 

A. Dix: Well, everybody in the justice system knows there are not enough sheriffs and there are not enough judges. Everybody knows that. The government has failed and left us behind in this regard, and there are real costs to families as a result, and to all of us, when justice is denied. There are 2,000 cases pending in the criminal justice system. So I wanted to ask the Attorney General whether he recognizes those costs involved in his inaction in dealing with those problems and what steps he is going to take to address the situation.
 

Hon. B. Penner: Another day and another commitment from the opposition to spend yet more tax dollars at the very same time they're leading a campaign that will take $3 billion away from government revenues. It's another clear example of NDP hypocrisy. As the Leader of the Opposition is leading a campaign that will deprive government revenues of $3 billion in tax revenue over the next couple of years, every single day he turns around in here, in this chamber, and says to government: "Just spend more tax money." It's just like the 1990s — tax, borrow and spend. That's the legacy of the NDP under the former chief of staff to the Premier and now the Leader of the Opposition.
 

Mr. Speaker: The Leader of the Opposition has a further supplemental.
 

A. Dix: I know that the Attorney General was campaigning. I know he's all non-partisan as Attorney General now, but he was campaigning at the time. He and his colleagues said the deficit at that time, the deficit at the time of the last election, was $495 million. They missed, oops, by $3 billion. Now they're trying to justify misleading people on the HST on the basis of their incompetence in managing public finances. But the people are paying the price here for what the president of the Crown Counsel Association calls "a systematic stripping of the criminal justice system." That's what the president of the Crown Counsel Association calls it Does he not think there's a price when we lose criminal cases in the courts? Does he not think there's a price when justice is denied? Will he not recognize that there's a crisis in the courts and do something about it?
Does he not think there's a price when justice is denied? Will he not recognize that there's a crisis in the courts and do something about it?
 

Hon. B. Penner: Staff in the Ministry of Attorney General work hard every day to deliver top value for every dollar spent, something the NDP doesn't appreciate, but it's true. Every single day in this House I listen to individual members on the other side say: "Just spend more money." They never answer the question: "Where is that money supposed to come from?"
Record spending in the Ministry of Health. Record spending in the Ministry of Education. Increased funding for Advanced Education. Every single day, though, the NDP's answer is: "Just spend more." Meanwhile they're campaigning against the tax measure that's bringing more revenue to the province and is stronger for the economy. That is more NDP math, and it just doesn't add up.
 

L. Krog: I think I heard the Attorney General just tell this House that he doesn't think justice is worth a dollar or two in British Columbia. I think I heard him say that justice doesn't matter in British Columbia. In September 2010 his predecessor received a report, Justice Delayed. It condemned the lack of judicial resources. The report was posted on the Provincial Court website in December — 17 judges short across the province. The Attorney General and his predecessor have had nearly eight months to remedy the situation. What is he going to do? Is he going to announce the appointment of the needed Provincial Court judges today — yes or no?
 

Hon. B. Penner: As I indicated to the member when he last asked me this question about two weeks ago, we have appointed nine new judges in the past year. However, it does not come without a cost, which is something the NDP opposition always wants to overlook. The cost of hiring and equipping a judge is not just the average salary of $231,000 plus pension benefits and other benefits. In order to equip the judges properly so that they can function, the total cost to the Ministry of Attorney General is about $1.4 million to $1.6 million for each additional judicial appointment. From which ministry, sir, would you suggest we take the money so that we can hire more judges? Are you suggesting money from the Ministry of Health, Ministry of Education, Ministry of Advanced Education? We have a budget that we're working to live within. Like all British Columbians, we have a budget we're trying to stay within, and it really rings hollow for members of the opposition who, every single day, say that record spending in health and education is not enough, because if those budgets keep going up, it obviously puts pressure on the rest of government, unless their answer is just to borrow and tax some more.
 

Mr. Speaker: The member has a supplemental.
 

L. Krog: Well, that's a remarkable response from the Attorney General in a government that was happily writing off $6 million in legal fees for Liberal insiders. You know, hon. Speaker, the government has been proud of its record on prosecuting drunk drivers. Well, I want to tell this House that in a brown envelope I got four cases out of my city alone, Nanaimo, drunk-driving cases dismissed because of delays in our judicial system. If the Attorney General thinks that's the appropriate way to handle justice in British Columbia, perhaps he should step aside and let someone into his position who can go to cabinet and get the resources that are necessary. It is absolutely unprecedented in this province to hear judges speaking out in case after case after case, talking about the lack of resources to prosecute the criminals, to let families have their cases heard, to let people with small claims issues be dealt with in the courts appropriately. This Attorney General had better step up to the plate and solve this problem. What's he going to do today? Is he going to fill the vacancies — again, yes or no?
 

Hon. B. Penner: We've heard, yet again, the NDP's answer to everything is just to spend more money, and taxes and deficit be damned. Well, there is an alternative approach. It's to live within a budget and look for other ways to address delays in the justice system, other than just always spending more money that comes at the expense of taxpayers. The member raises impaired driving. Under our government, we've increased the penalties for driving .05 or more. In the first few months several thousand cases fewer have been approved to go to court because we're dealing with them quicker on the roadside.
The proof is in the pudding. Not only are we saving thousands of cases from clogging the courts; we're saving lives with a 40 percent decrease in fatalities in the first three months that the policy was in place. That doesn't cost taxpayers any more money.
 

J. Horgan: Shortage of prosecutors. Shortage of judges. Shortage of sheriffs. No shortage of public money to pay off convicted criminals' legal bills. Will the minister stand in his place as the minister responsible for the judicial system in British Columbia and give the people of British Columbia some answers about how he's going to fix it, not yesterday but today and tomorrow?
 

Hon. B. Penner: As I was already elaborating in my last answer, we have already…. Our government has introduced new legislation to add additional penalties for over .05, and that's having an effect. Within the first few months more than 2,500 fewer cases ended up going into the court system because they were being dealt with at the roadside, and that will save time and money in the justice system. But most importantly, it's saving lives. Early evidence indicates a 40 percent decrease in fatality rates due to drinking and driving. The member's correct. There is more that can be done. It still strikes me as unacceptable that the average criminal case has seven pretrial appearances before the trial ever starts. So right here in Victoria we have launched a pilot program to try and work with all members of the justice system — the lawyers, the prosecutors and the judiciary — to reduce the number of pretrial appearances so cases can happen sooner and we spend less money.

This transcript is from the "Blues" of the Hansard Debates from the Legislature on Tuesday, May 10, 2011. There have been some minor edits to make the exchanges more readable. For the official record please see Hansard.