Manitoba's e-filing system for courts 'shameful,' chief justice says

The judge at the helm of Manitoba's Court of King's Bench says the province ought to be ashamed of an outdated electronic filing system he says is leading to lawsuitsnot being resolved as quickly as they should be.

Chief Justice Glenn Joyal said while there have been "transformative changes" to the areas of criminal, family, civil and child protection law that have made the province's courts more efficient, there is still room for improvement in some foundational aspects of the judicial system including in its adoption of new technologies.

Under Joyal's watch,the Court of King's Benchintroduced the "one judge model" for civil proceedings as a way to make cases move more efficiently.

During an interview with CBC Manitoba's Information Radio host Marcy Markusa, Joyal saidthe court iscurrently offering trial dates for civil cases within 18 to24 months from pre-trial,with the rest of the country "rife with civil delays."

While he's proud of what he says are minimal backlogs, Joyal saidsome matters are still notbeing resolved fast enough and that itiscosting clients money.

"The civil litigators in this province can't believe that we're not, at some point, going to have a more sophisticated form of e-filing," Joyal said.

"I'm happy to compare ourselves favourably with other provinces [but] in this realm, it's shameful. We compare very badly."

LISTEN | Glenn Joyal on Manitoba's judicial system, including the parthe calls 'shameful':

Information Radio - MB8:34Manitoba's e-filing system for courts 'shameful,' chief justice says

In Part 2 of a feature interview, Manitoba Court of King's Bench Chief Justice Glenn Joyal reacts to the idea that our bail system is a revolving door for offenders to be back on the street, and discusses where he feels gains are being made to improve trust with the Indigenous community.

An attorney general report on the efficiency of provincial courts, published last year, found that progress onan integrated case management system which would provide services like e-filing across all courts and is stillset to take several years has been slow.

Joyal said that the e-filing system is it stands is "not worth its weight."

A matter of accessibility

Brandon Trask, an assistant professor at the University of Manitoba's law faculty, said that the issue of streamlining court proceedings ultimately boils down to access to justice.

"The more complicated and time-consuming that court processes are actually, something like filing documents, which should be quite straightforward the less accessible the courts are," he said.

Trask added that corporations are increasingly moving toward contracts with dispute resolution clauses meant to bypass the courts, making the matter of accessibility in civil proceedingsall the more important.

Recently, Winnipeg-based Skip the Dishes tried to enforce a clause in its agreement with drivers that employment disputes must be handled through arbitration instead of the courts, though that argument was ultimately shot down by the Supreme Court.

"People need to be able to turn to the courts to provide justice," Trask said."If the courtsessentially end up having very complicated processes that prevent people from [using them]we risk the law freezing in place."

Joyal also said increased funding for courtclerks, the registry, sheriff's offices andforensic examinations, would go a long way toward making the overall system more efficient.

"There's no shortage of things that need to be improved," he said, adding thatthe province doesn't necessarily need to appoint more judges.

The Manitoba Bar Association said in a statement they support the chief justice's comments and that delays and deficiencies due to inadequate funding "threaten the fundamental rights of Manitobans."

"Investment in the administration of justice is a commitment to maintaining a fair, accessible, and responsive judicial system," the statement said, including funding for an e-filing system, non-personal appearances, and adequate staffing.

LISTEN |Chief Justice Joyal on building trust with Indigenous communities:

Information Radio - MB8:54Part 1 of a feature interview with Chief Justice Glenn Joyal about the court system in Manitoba

When the community reacts a court sentencing with cheers and then the same community reacts to an acquittal as a "gross miscarriage of justice," how do you continue to build trust and yet uphold the law? We hear where Manitoba Court of King's Bench Chief Justice Glenn Joyal feels gains are being made to improve trust with the Indigenous community.