Hamilton lawyers struggle to get same-day access to clients in jail

Hamilton lawyers say they're struggling to get timely access to clients who are imprisoned in the Hamilton-Wentworth Detention Centre.

"It's definitely not in the best interest of the inmates and the lawyers," Asgar Manek, a local lawyer, told CBC Hamilton. "I have to stand up for what is right."

Manek and other lawyers say before the pandemic, lawyers could walk into the facility and meet with their client on the same day.

Since the pandemic, the lawyers say there have been fewer rooms available for consultation with clients and lawyers have to set up an appointment before meeting their client.

Manek said he once walked in to try and speak with a client in jail and left after being stuck waiting for 40 minutes.

"It's an impediment ... definitely prohibitive," Lauren Wilhelm, a local criminal defence lawyer, said.

Wilhelm said she has also had more issues booking phone calls with her clients who are in jail since the pandemic.

Peter Boushy, a criminal defence lawyer in Hamilton, said it makes it challenging when he needs to speak with a client urgently, because he has to wait a full day before seeing them.

Province responds to lawyers claims

Andrew Morrison, a spokesperson with the Ministry of the Solicitor General, told CBC Hamilton in an email the facility had an appointment system since 2019 to arrange visits with inmates and does so "to better facilitate efficient inmate management."

He also said there are three rooms to help arrange visits with lawyers and inmates, seven days a week.

"Notably, the professional visit rooms are under-utilized in the evenings and on weekends," he wrote.

Manek said he doesn't think the province's statement is accurate.

"If we're underutilizing those rooms, why do we need appointments?" he said.

Boushy said the statement from the province doesn't tell the whole story.

He said while staff have been accommodating at the facility, the current system is more limiting than it should be.

"All defence lawyers would love it to go back to old system," he said.

"That way there'd be no difficulties whatsoever in seeing clients at the jail, particularly when matters are urgent."