COURT BACKLOG MOUNTS

Mammoth Caseload At Courthouse Leading To Lengthy Delays

n more than four decades of covering courtroom proceedings, Lillian
Rachar has never witnessed anything like it.

So many cases are stacked up in the Ontario court of justice in
Orillia it is impossible some days to give all the people in
attendance a hearing in the time allowed.

"The workload is unreal," said Rachar, a court reporter since 1970.
"It's beyond human capacity. They must be exhausted - mentally,
emotionally and physically."

Last month, a judge, seeing individuals who had been waiting all day
for their cases to be heard would be left in the lurch, expressed his
feelings publicly.

"It's the first time I ever heard a judge literally apologize to
people still on the docket," said Rachar.

Two people in custody who wanted to plead guilty were instead forced
to go back to jail for a week, said Rachar.

"It's heart-breaking. The delay could mean a different outcome.
Someone innocent could plead guilty just to get out of custody."

Orillia lawyer Michael Drury, who has practised locally for 26 years,
said the high caseload is a matter of concern to judges, the Crown
and defence lawyers.

"We had a big meeting at the courthouse earlier this year," he said.

One suggestion to ease the burden is to switch assignment court, the
busiest day of the week, from Monday to Tuesday.

That would prevent the rollover that occurs when a holiday falls on a Monday.

A second plan is to set up a separate court for those making appeals,
instead of mixing them in with all the others attending assignment
court for first appearances and follow-ups related to setting dates for trials.

"We're trying to deal with the crush and volume," said Drury.

Rachar covered court in Alliston from 1970-78, and in Parry Sound
from 1978-2003. She began reporting for The Packet & Times in the
spring, and couldn't believe the size of the docket - the list of
people scheduled to appear on any given day - which gets longer every
week: "Some days, there are 15 pages."

There are people named on the dockets who have been making court
appearances for two years without a final verdict, she noted.

With a growing heap of documents related to dozens and dozens of
cases, it was necessary to bring in an extra desk for the federal
Crown, Rachar said.

"You should see the piles of paper."

Drury said the increased number of offences in the last year and a
half is largely the result of hard drugs, particularly cocaine.

In addition to charges of possession and trafficking, cocaine use can
spark violence, break and enters and armed robbery, said Drury.

The province needs to invest more resources into the court system, said Rachar.

Drury said he hopes some of the changes already approved will ease
the pressure.

"Everyone does their best - the defence, the Crown, the judge. But
it's not easy."