Joint Commentary – LSNB and CBA-NB | Courthouse Closures
Challenging economic times often produce difficult policy decisions. One such policy decision made recently by the provincial government will see the closure of the courthouses in Sussex, St. Stephen and Grand Falls and the cessation of Provincial Court operations on Grand Manan before the end of 2015. The plan put forward by the provincial government consists of having all Provincial Court matters currently handled in Sussex, St. Stephen and Grand Manan transferred to the new, modern courthouse in Saint John and, likewise, to transfer all of such matters from Grand Falls to the existing, older courthouse in Edmundston. New Brunswickers, in essence, are looking at a trend of increasing consolidation and centralization of courthouse services in urban centres as many of the traditional seats of justice are mothballed.
The most recent initiative of the provincial government can fairly be described as the second phase of a three phase plan. The first phase unfolded a few years ago and consisted of the closure of the courthouses in Sackville, Richibucto and Shediac with consolidation in Moncton, closure of the courthouses in Doaktown and Neguac with consolidation in Miramichi, closure of the courthouse in Perth with consolidation in Grand Falls (which is now being closed), closure of the courthouse in Dalhousie with consolidation in Campbellton and closure of the courthouse in Shippagan with consolidation in Caraquet. It is anticipated that the third phase of this plan will eventually bring the courthouses in Burton and Woodstock into the Fredericton fold. Several years ago, the Sussex courthouse was slated for closure but received what has turned out to be only a temporary stay of execution.
Today, the Law Society of New Brunswick (“LSNB”) and the Canadian Bar Association-New Brunswick Branch (“CBA-NB”), take the exceptional step of offering this joint commentary regarding many of the implications and challenges that we anticipate will stem from the implementation of this policy decision by the provincial government.
For those readers who are unaware, the primary mandate of the LSNB is to protect the public in the administration of justice and to regulate the New Brunswick legal profession. The primary mandate of the CBA-NB is to serve as the voice of the legal profession in our province. The respective mandates of the LSNB and CBA-NB sometimes intersect, particularly on the issue of access to justice: a right of central importance that ought to be carefully guarded and protected.
Measuring when the right to access to justice is violated by a policy decision of a provincial government admits of degrees and is more art than science. The closure of the courthouses in Sussex, St. Stephen and Grand Falls will, practically speaking, mean that individuals slated toappear before the Provincial Court will now have to travel 75 minutes further in the case of St. Stephen and 45 minutes further in the case of Sussex and Grand Falls to reach the consolidated and centralized courthouses in Saint John and Edmundston. Many individuals are already travelling a significant distance to reach the Sussex, St. Stephen and Grand Falls courthouses.
We anticipate that the implementation of this policy decision by the provincial government will also result in higher legal fees for litigants, logistical challenges associated with getting to and from court proceedings and several other adverse cost consequences (including staffing, professional services and policing costs). These are not palatable options for those in our society who are most vulnerable.
The provincial government has not engaged the public or the practicing bar in any meaningful way respecting this significant policy decision, which was a commitment that was made when the first phase of courthouse closures and consolidations occurred several years ago. Discussions have been limited and initiated with the provincial government by the LSNB and CBA-NB. Public dialogue has been equally limited, which has deprived taxpayers of knowing the true cost savings of these measures and better understanding the policy motivations behind them. Litigation is now pending or imminent regarding some of the courthouse closures, which means that the provincial government will likely be taking an even more restrictive approach to explaining these measures out of concern that it could prejudice its response to the litigation.
The LSNB and CBA-NB remain hopeful that the provincial government will revisit the implementation of its courthouse closure initiative or, alternatively, consider creative and cost effective ways that might facilitate the preservation of a courthouse presence in the affected communities and regions while also enabling it to deliver on its objective to reduce costs in the existing fiscal environment.
The LSNB and CBA-NB are committed to the preservation of the right to access to justice in New Brunswick and are also committed to being part of a collaborative solution to this challenging and multi-faceted problem, as well as any other issues that touch upon this central right.