Charlotte lawyers remain hopeful courts will reopen

A group of Charlotte County lawyers is hoping courthouses in St Stephen and Grand Manan can be reopened as early as this February.

The group's spokesperson, St. Andrews lawyer David Bartlett, says that's likely when the New Brunswick Court of Appeal will rule on a move by the province to quash an injunction that would have kept the courts from closing.

The injunction application was launched in October by the Charlotte County Barristers's Society. It was immediately challenged by the Office of the Attorney General that alleges the document was not filed within allowed time limits.

When the government's motion was dismissed by a Saint John judge, the province immediately appealed. Bartlett says if that appeal is dismissed, as he hopes, there will be a hearing within days on the original application for an injunction.

Access to justice issue

Should that application be successful, the province would be obliged to reopen the courthouses while arrangements are made for a full court challenge of the government's initial decision to close them, said Bartlett.The challenge would be basedon the grounds that access to justice a constitutional right is being denied to people in Charlotte County.

"We've been trying to argue from day one that there's an access to justice issue here," said Bartlett. "We've got to show why the closure of the St Stephen court and Grand Manan court amounts to a denial of access of justice."

We could potentially have the court up in operation again before the end of February.- David Bartlett

Bartlett says if the injunction application is granted, as he hopes in February, court services can quickly be restored.

"We could potentially have the court up in operation again before the end of February," said Bartlett. "I'm sure it could be done within a week if anybody wants to ... It's already heated and lighted. Really, there have been no walls moved, the courtroom still sits there empty. It's basically just getting files and electronic equipment there for recording purposes and having the staff show up to work."

Province pays for commutes

The two courthouses were closed at the end of October. Staff were transferred to the Saint John Law Courts building. Three government-owned Toyota Corollas were delivered to the St. Stephen courthouse. The cars, gas and parking have been provided as part of a deal worked out with the two unions representing two court stenographers and a Crown prosecutor. Terms of their collective agreements do not permit their place of work to be changed. They will use the government cars to drive 113 kilometres to their new workplace in Saint John.

That arrangement could continue for some time says CUPE-NBvice-president Odette Robichaud. The workplace clause can only be changed with the signing of a new collective agreement for the 80-strong CUPE stenographers union. The previous contract expired in September2012. Robichaud says pay equity issues have to be resolved before a new contract can be signed.

"I'm starting to suspect it's not a priority for this government to accomplish pay equity," said Robichaud.

There are no talks scheduled.

Bartlett says the vehicles are just one of the government's added costs. Witnesses, he says, must be paid mileage to attend court in Saint John. And the salaries of police officers have to be paid while travelling back and forth to the city.

Spokespersons for the Attorney General's office could not be reached Monday for comment.