Barbara Morgan
Dear editor:
On Nov. 28, members of the District of Rainy River Law Library Association (“DRRLLA”) were advised that the judge appointed for the Ontario Court of Justice, in the Rainy River District, is relocating in May, 2012.
The decision was made by the Chief Justice for the Ontario Court of Justice, and the Regional Senior Justice for the Northwest Region, to transfer this appointment to the District of Kenora.
Members of the DRRLLA outlined their concerns and delivered a letter to the Regional Senior Justice for the Northwest, Mr. Marc Bode, the Chief Justice for the Ontario Court of Justice, and the Attorney General, John Gerretsen, as well as to Sarah Campbell, MPP for Kenora-Rainy River, and Bill Mauro, MPP for Thunder Bay-Atikokan.
The law association, Rainy River District municipalities, First Nations’ communities, and the residents of our district are concerned about the ongoing erosion of judicial and other services in Rainy River District.
The issue of access to justice is one that assumes importance for all citizens of Ontario, and is of more pressing concern for Northwestern Ontario having regard to the challenges that are specific to our communities including, but not limited to, a less concentrated population, distances between communities, weather, and transportation, all of which contribute to reduced court scheduling, reduced judicial resources, and limitations on legal services.
At the meeting on Nov. 28, it was stated that part of the rationale underlying the decision to relocate our district’s judicial appointment to the District of Kenora was the view that the District of Rainy River is a “no growth” region.
We take issue with this anecdotal observation. On Dec. 2, there was a press release from Osisko Mines confirming an expectation of 2,000 construction jobs and 500 full-time jobs in this district. There is gold mine development in the western area of the District of Rainy River, and an iron mine being planned in the Bending Lake area.
Rainy River Resources stated that there will be a capital investment in the district of “. . . roughly $680 million over the next four years . . . resulting in the generation of 600 full-time jobs with an anticipated mine life of more than 13 years.”
The decision to transfer judicial services from the Rainy River District to the District of Kenora will result in a significant reduction in judicial and court services for all of the Rainy River District, with access to justice being further compromised for the residents of the District of Rainy River.
The residents of this district have the right to local legal representation and they have the right to access judicial services. Such services already have been compromised due to reduced court scheduling and reduced judicial services arising from the decision not to have a resident Superior Court Justice in Fort Frances or Kenora.
The proposed elimination of the Rainy River District’s Ontario Court of Justice appointment will further reduce services.
Our district has 10 First Nations’ communities. The current proposal will favour northern reserves in the District of Kenora at the expense of southern reserve communities in the District of Rainy River.
This, too, is a denial of equal access to justice.
The proposed court scheduling for Atikokan, Fort Frances, and Rainy River ultimately will result in gaps of service that may extend beyond two weeks and a two-week gap in service is not acceptable, particularly if an accused person is in custody and wishes to enter a guilty plea but cannot because the next court sitting is not for seven or 14 days.
Justice delayed is, ultimately, justice denied.
Family matters will be seriously compromised by delay, and it will become increasingly difficult to schedule conference and hearings for family law matters. Parties who wish to have expedited trials in family court may have to commence or transfer their cases to Kenora or Thunder Bay.
Parties in family law matters frequently are directed to attend for motions or conferences by video or telephone conferencing. Anyone who has ever participated in these forms of hearings will acknowledge that this is a rather ineffective way to conduct a formal court hearing.
There has been a lack of community engagement and consultation prior to making these decisions. Rainy River District is a district seat and the people of this district are entitled to expect and receive a reasonable level of judicial services—and they have a right to access justice.
The Chief Justice wants to fill this judicial vacancy very soon, and there is a limited window of opportunity to comment on the decision to remove the judicial OCJ appointment from the District of Rainy River.
Having regard to the feedback received by the law association to date, the communities in our district wish to have an opportunity to respond. At the very least, the residents of our district, as stakeholders in this decision, have a right to be heard before the decision to remove the Ontario Court of Justice appointment from Rainy River District is implemented.
The DRRLLA has requested an opportunity to meet with the Regional Senior Justice or Chief Justice. We have asked that community leaders and citizens be invited to a forum that will provide a consultative process.
The lawyers are not the only stakeholders in respect of this decision, nor are we the most important stakeholders. However, in many ways, lawyers are the “gatekeepers” in respect of access to justice. We often are the entry point and we are advocates.
The most important stakeholders are the citizens of the communities served by the Ministry of the Attorney General, the judiciary, and the legal community.
If our request for a meeting is granted, we will advertise the date and location. We are asking all citizens and community leaders to attend the meeting.
At this time, we ask that citizens write or e-mail the MPP for your riding, Attorney General John Gerretsen, the Chief Justice for the Ontario Court of Justice and the Regional Senior Justice, the Hon. Mr. M. Bode, to express your concerns about this decision.
Alternatively, you can drop your letter off at Morgan Associates (436 Scott St. in Fort Frances) and we will ensure that your letters are delivered by fax to the appropriate persons.
Yours truly,
Barbara Morgan
President, District
of Rainy River
Law Association
