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Judges Fume Over Court Delays

Detention Centre Superintendent Ordered to Explain Jail Guards' Behaviour

May 13, 2009

Dianne Wood and Brian Caldwell RECORD STAFF

KITCHENER

A Superior Court judge in Kitchener has ordered the superintendent of the Maplehurst Detention Centre to come down here and explain why prisoners aren't getting to court on time.
Justice James Ramsay issued the order yesterday after a prisoner scheduled to be sentenced at 10 a.m. was not brought to the Weber Street courthouse on time. Leando Rose didn't arrive until almost 2 p.m.
"I'm going to order the superintendent to appear before me Thursday,'' Ramsay said. "It's fundamental that when someone is incarcerated, they have to be brought to court.''
While Ramsay was making his comments, another Superior Court judge two floors down was expressing similar frustration after a prisoner scheduled for a morning sentencing arrived from the Milton detention centre almost four hours late.
"Someone, somewhere outside this courtroom, determined that my court order ought to be totally ignored,'' said Justice Pat Flynn. "Maybe there's some logical explanation that amounts to a reasonable excuse, but I somehow doubt that.''
Prisoners have been arriving late to courts in Kitchener and other cities for almost two weeks.
Unionized jail guards and the ministry of Community Safety and Correctional Services are trying to resolve a dispute related to a recently ratified contract which has left guards unhappy.
Earlier this week, a provincial court judge in Kitchener called the situation "unconscionable'' and urged lawyers to call corrections minister Rick Bartolucci.
Another provincial court judge, Justice Gary Hearn, is scheduled to rule tomorrow on a motion by criminal lawyer Harold Cox to have jail officials cited for contempt for not getting prisoners to court on time.
Ramsay apologized to Leando Rose, the man who arrived late for sentencing on a drug matter. He told Rose that he'd ordered the Maplehurst superintendent, Doug Dalgleish, to explain the delays tomorrow.
"I'll ask a few questions,'' the judge said.
"I'll see if there's anything that can be done about it.''
Ramsay said he doubted the delays were the fault of the superintendent, but since his name was on the prisoner remand, he was the one being summoned.
Justice Flynn said the delay of the prisoner in his court may constitute contempt. It was unfair to the prisoner, lawyers on the case, court staff and the victim, he said.
"It's an atrocious situation -- not the worst atrocity in the world, but atrocious,'' he said. The delays mean some people may spend extra time in custody, he said.
Flynn said he hasn't been given any reason for the delays and needs some explanation to decide what to do about them.
Superintendent Dalgleish declined to comment when reached yesterday. He referred all questions to a spokesperson for the corrections ministry who repeated remarks he made last week that the ministry and guards are discussing "labour issues.''
"Obviously, we're concerned about the number of delays we've been having in terms of getting inmates to court, and we're working closely with the union to try and get these issues resolved and get back to normal operations,'' said Stuart McGetrick.