From The The Kitchener-Waterloo Record

Labour Dispute at Jail Prompts Call for Action

May 09, 2009

Brian Caldwell RECORD STAFF

KITCHENER

After six straight days of delays, a local lawyer wants jail officials cited for contempt for not getting prisoners to court on time.
People in custody normally arrive from the Maplehurst Detention Centre in Milton for trials, sentencings and guilty pleas in Kitchener court before 10 a.m.
Since last Friday, because of labour action by unionized guards at the facility, they've been getting here between 1 p.m. and 2 p.m.
"It's an intentional matter to disrupt the courts to achieve their ends," said Harold Cox, who brought a motion yesterday on behalf of the Local Criminal Lawyers Association.
Cox argued that the superintendent of the jail is under court order to get prisoners with scheduled appearances to court on time.
Failing to do so, he said, is therefore a breach of a court order.
Cox said jail officials should be required by a judge to come to court to explain the delays.
And if their explanation isn't satisfactory, he said, they should be punished for contempt.
The late arrivals have delayed trials and other proceedings, and some cases haven't been reached at all.
"It is also putting clients in custody under so much strain that there are going to be real problems (at Maplehurst)," Cox said. "Whether it's a riot or not, I don't know."
His motion was supported by Bill Wilson, the Crown attorney for Waterloo Region, who agreed the delays might constitute contempt.
Cox said it's his understanding that guards at the jail are on a work-to-rule campaign over a contract issue.
Stuart McGetrick, a spokesperson for the Ministry of Correctional Services, would only say there are "labour issues," which he said ministry and union officials are now discussing. He couldn't say how much longer the delays will last.
"We're working to get it resolved as quickly as possible, obviously, so we can get back to normal operations," McGetrick said.
Guards at Maplehurst are represented by the Ontario Public Service Employees Union, Local 234. Emidio Casullo, president of Local 234, would not comment when contacted yesterday.
He referred calls to Don Ford, communications officer of the union, but Ford said he did not know what was going on at the jail.
Prisoner transfers could be delayed "for all kinds of reasons," he said, including security problems, labour issues and other problems.
Justice Gary Hearn is scheduled to rule on the motion Thursday.
Maplehurst also hold prisoners making court appearances in Peel Region, Brampton and London.
Other provincial facilities are also affected by the labour problems, but McGetrick wouldn't say how many or where they are.

bcaldwell@therecord.com