Courthouse closures will hinder access to justice, N.B. Law Society says

The Law Society of New Brunswick is speaking publicly against the pending closures of the courthouses in St. Stephen, Grand Manan, Sussex and Grand Falls and urging the provincial government to reconsider.

"What we are saying is, 'Look, let's put the brakes on for a moment, and let's tie in these kinds of financial decisions that the government is looking at making to the bigger issue, this very prominent issue, of access to justice,'" said Robert Creamer, the law society's vice-president.

Creamer says the closures, slated for Oct. 1, will affect people who can least afford travel to attend court, such as abused women from Charlotte County. 

"Individuals that suffer from domestic violence typically come from less secure economic backgrounds. These people, will they — without cars and without resources — travel to Saint John to give evidence in trials where they have been victims?"

"There will be many instances where they will not because they simply can't afford it," he said.

No input sought

Creamer said despite assurances from past governments that the law society would be consulted on major changes to the justice system, Finance Minister Roger Melanson`s announcement in this spring's budget came as a surprise.

Creamer said a meeting was arranged with the deputy minister, but it was clear the decision had already been made. 

The New Brunswick government is currently doing a strategic program review, hoping to find $250 million in savings. Decisions made as a result of that review will take effect in the 2016-17 fiscal year.

Closing courthouses before a thorough review is harsh and unnecessary, according to Creamer.

I wonder if the province has taken time to pause and think about the ramification of the raw financial decision that was made.- Robert Creamer, Law Society of New Brunswick

"I wonder if the province has taken time to pause and think about the ramification of the raw financial decision that was made," he said.

"Without that kind of in-depth analysis, you're taking what I will describe as the lazy man's approach."

Creamer says it has been estimated that closing the St. Stephen courthouse, for example, will save the provincial government $60,000, while the mayor there believes policing costs will increase by $100,000.

In August, 2013, Chief Justice of the Supreme Court of Canada Beverly McLachlin delivered a report to the Canadian Bar Association calling access to justice "abysmal."  

The report called the issue one of the most pressing challenges facing the administration of justice in Canada.

In his budget speech from March 31, Finance Minister Roger Melanson said, "with the opening of the Saint John Law Courts in 2013, we now have a number of facilities that are no longer critical to the proper functioning of our justice system."