A recent controversy over charges being stayed in an Airdrie sexual assault case because the accused didn’t get a timely trial reinforces why Red Deer needs a new courthouse, says a retired local Court of Queen’s Bench justice.
“If we can’t have a new court facility in five years we’re going to have that problem in spades in Red Deer,” said Jim Foster, who served on the bench until 2006 and is a former Alberta attorney general.
“And if judges find themselves forced to let major criminals walk the public are going to be outraged.”
Foster, the Central Alberta Bar Association and Red Deer Mayor Morris Flewwelling have joined forces to lobby the province to commit to building a new courthouse in Red Deer.
Red Deer has only half of the 14 courtrooms needed, based on a recent review of regional courthouse standards.
To build support for their case, Foster and the mayor met a few weeks ago with local reeves and mayors to fill them in on the overcrowding situation and encourage them to write the province.
A meeting with Central Alberta’s six MLAs is being organized for early next month.
The group pushing for a new courthouse is pushing for a commitment from the province because the city has what it believes is an ideal site in waiting, the former RCMP detachment downtown.
It is hoped a land swap could be arranged to give the province the RCMP site and the city would get the existing courthouse.
Foster said those lobbying for a courthouse know that provincial finances are tight and are not expecting immediate action.
“We are not saying to the premier or the government build a courthouse immediately and spend millions and millions of dollars today,” he said. “We’re saying make a deal with the City of Red Deer to take over that site, and we want them to commit to building a courthouse on that site and have it completed within five years.”
Flewwelling agreed there is an opportunity that should not be missed.
“My interest is not in how quickly they build the courthouse. That has to be worked out with the government,” he said. “My interest, particularly as mayor of Red Deer, I want them to make a decision on the property so it can be held for them.”
Flewwelling said he has spoken with four of the six MLAs representing the region and they have been receptive to the prospect of meeting in early December. A date has not been set and the mayor said he has yet to send out official invitations.
Overcrowding and a lack of courtroom space have become a growing concern in the local legal community.
Just this week, Red Deer Court of Queen’s Bench Justice Earl Wilson said a lack of court space imperiled a murder suspect’s right to a speedy trial.
In June, the Central Alberta Bar Association passed a special resolution that says Central Albertans are being “denied access to justice because they cannot obtain access to court facilities within a reasonable period of time.”
In a letter to local MLAs, the association notes three reviews of the courthouse done in the last 20 years have recommended expansion but nothing has been done.
Foster said the issue is not just about criminals.
“People think that courthouses are for people who are criminals and people who pay traffic fines.”
However, much of the work done in the courthouse involves resolving family issues.
“The biggest population that’s affected by a dysfunctional courthouse aren’t criminals or traffic violators: it’s children. That’s the priority we should have on this and that’s the message we have to get out as well.”
Foster said he knows the province is aware of local crowding issues, but he’s not sure the premier realizes expanding the existing courthouse is not feasible.
In an October stop in Red Deer, Premier Alison Redford said she was aware of the importance of adding more courthouse space and said it will be reviewed as part of an ongoing update of the province’s capital plan.
“I’m very aware of the fact as we move forward that the administration of justice is something that is respected because it can have constitutional impacts,” she said.
pcowley@www.reddeeradvocate.com