Task Force on Courthouse Facilities Survey Report COCHRANE COUNTY

Transcription

1 Task Force on Courthouse Facilities Survey Report COCHRANE COUNTY Group 4

2 TABLE OF CONTENTS COCHRANE COUNTY SUMMARY: SUPERIOR COURT (TIMMINS) SUMMARY: REPORT: SUPERIOR COURT (COCHRANE) SUMMARY: REPORT: ONTARIO COURT (TIMMINS) SUMMARY: REPORT:

3 County or District: Cochrane Superior Court of Justice 48 Spruce Street North, Timmins, Ontario Reported on by: Collaborating Parties: Paul Bragagnolo Calvin Ferrier Superior Court of Justice and Ontario Court of Justice th Avenue, Cochrane, Ontario Reported on by: Collaborating Parties: Guy A. Wainwright David Lanthier David Nadeau Ontario Court of Justice 30 Pine Street North, Timmins, Ontario Reported on by: Calvin Ferrier 1

4 County or District: Cochrane Summary: Three completed survey questionnaires were received from Cochrane District, providing details on two Superior courthouses (Timmins and Cochrane) and one Ontario courthouse (Timmins). The District of Cochrane is approximately 30-40,000 square kilometers. The sites of the courthouses are described as poorly suited to the needs of the local population. A practical solution would be to increase the number of satellite courts in the region. Given the large size of the District of Cochrane, people often have to travel over an hour to attend court if they don t live in Timmins. There are numerous satellite courts in the north end of the District, but not in Cochrane South. Encroachment on the use of the facility for the administration of justice by other government or private users is not perceived as a problem in the two Superior Courts or in the Ontario Court. Superior Court (Timmins) Problems are described as arising from a lack of meeting rooms, inadequate gowning facilities for women and a general inadequacy in the facility for use as a courthouse. The overall level of security is poor and there are no segregated cells in the holding facilities. The public waiting areas, court administration offices, parking and the library are inadequate. There are health and safety issues associated with this facility with respect to poor ventilation. Superior Court (Cochrane) Lawyer-client meeting facilities are inadequate in this courthouse. Facilities for lawyers are also inadequate. There are no separate gowning facilities and no lawyers lounge. There are no duty counsel facilities and the library is inadequate. The security in the courthouse is poor and there are no segregated holding facilities. Ontario Court (Timmins) There are no lawyer-client meeting rooms in this facility. There are security issues with respect to the holding cells. Public seating is insufficient. Duty counsel facilities and courthouse parking are inadequate. 2

5 The sites of the courthouses are described as poorly located to meet the needs of the local population. To adequately meet the future needs of Cochrane District, it would be preferable to combine the Ontario Court and Superior Court facilities in one building but not on the outskirts of the City. If another downtown location could be found and facilities built, that would be ideal. However, that taking place is unlikely. 3

6 County or District: Level of Court: Courthouse Address: Cochrane Superior Court of Justice 48 Spruce Street North, Timmins Summary: The courthouse is in declining general repair. Interior facilities are in poor repair. This building is unsuitable for the purposes of a court. There are no lawyer-client meeting rooms in this courthouse, which is a deficiency. The gowning facilities for women are inadequate. The public waiting areas, court administration offices and parking do not meet current needs. There are health and safety issues associated with this facility with respect to poor ventilation. With respect to offices and facilities, a Victim/Witness Assistance Program office is needed. The library is not adequate to meet existing needs Another specific problem with respect to the facility relates to security in the building. There are no segregated holding cells and the overall level of security for courthouse staff, Crown officers, judges and lawyers is generally described as poor. 4

7 Report: 1. Use of this Courthouse The courthouse is used for civil and family law matters. There are no user statistics available. 2. External Features and Repairs The courthouse building is in a declining state of repair. Internal aspects of the building used by the public (excluding courtrooms and washroom facilities) are in poor repair and housekeeping is adequate. 3. Ownership and Control The building is privately owned. Information on a lease, lease expiry date, lease payments and the square footage of the facility was not reported. The building has not been renovated in any substantial way during the last 10 years and there are no plans to renovate within next two years. There is no user committee for the facility. There are no issues involving encroachment on the use of the facility for the administration of justice. The top three issues related to the facility were described as follows: The building is not suitable for use as a court; Lack of appropriate meeting rooms; Inadequacy of facility for women (change rooms). There is no expectation on the part of the respondent that any of these issues will be resolved in the next three years. 4. Courtrooms There are two Superior Courtrooms available in the facility. Courtroom facilities are insufficient to accommodate reasonable growth and demand. Superior Courtroom Number One is described as adequate. The counsel table, prisoner box, private exit for the accused in custody, general appearance and state of repair, acoustics and air-conditioning are described as poor. Non-existent amenities include an electronic security alarm for the judge, phones for the clerks and video-conferencing facilities. Superior Courtroom Number Two is described as adequate. The counsel table, prisoner box, public seating capacity and air-conditioning are described as poor. Non-existent amenities include a jury box, an electronic security alarm for the judge, phones for the clerks and video-conferencing facilities. 5

8 5. Lawyer-Client Meeting Rooms There are no lawyer-client meeting rooms in the courthouse. This is a deficiency. 6. Jury Facilities There is a jury room for each court equipped for jury trials. Jury rooms have a private entrance to the courtroom, but are inadequate in both size and furnishings. Jury rooms have washroom facilities and the jury does not use facilities in common with other users of the courthouse. 7. Public/Witness Accommodation Seating for the public and witnesses outside the courtrooms is insufficient. Persons in custody are not required to pass through a public area to access courtrooms. There are no refreshment facilities in the courthouse. Men s and women s washroom facilities are poor, although maintained and cleaned adequately. There are no public access problems associated with this facility. The courthouse is accessible by public transit and adequate paid parking is available within a reasonable distance. The lack of free parking presents a problem. People have to feed their meters if a case drags on. There are health and safety issues associated with this facility, with respect to poor ventilation. 8. Accessibility for Disabled Persons Disabled access to the courthouse is described as generally adequate. Access to the library and other public areas is described as poor. The building has a functioning elevator. 9. Holding Cells There are two holding cells in the courthouse, in an adequate state of repair. There are no separate facilities for men and women and no segregated facilities for holding youth in custody. There are washroom facilities and direct private access to the courts from the holding facilities. There are no security issues with respect to these holding facilities. There are no private, secure solicitor-client conference facilities. 10. Lawyers Facilities There is a lounge or similar space for the exclusive use of lawyers and private phone facilities for the lawyers. Separate gowning facilities are available for men and women. The men s and women s facility both have locker and washroom facilities. The men s facility is described as 6

9 generally adequate, in an adequate state of general maintenance. The women s facility is described as generally inadequate, in an adequate state of general maintenance. 11. Judges Chambers/Facilities The courthouse has four offices, two of which are judges chambers. The other two offices are occupied by court administrators. This is adequate for the needs of the Superior Court judges but inadequate for the needs of other judicial officers. The number of judges chambers is insufficient to accommodate reasonably foreseeable growth. The chambers are adequately furnished for Superior Court judges and inadequately furnished for other judicial officers. The judges chambers provide for secure access to and egress from each court. 12. Crown Attorney Offices The building houses offices for the Crown attorneys. It is not known if these offices meet existing needs or if there are any plans to be implemented within the next three years to accommodate current needs. Information on whether the Crown facilities have a separate office security system was not reported. 13a. Other Administrative Space/Use: Court Administration The courthouse contains administration offices, which are inadequate to meet existing needs. More desk space and filing space is required. 13b. Other Administrative Space/Use: Court Reporters Offices There are no court reporter offices in the building and none are required. 13c. Other Administrative Space/Use: Duty Counsel There are no duty counsel facilities and none are required. There is no Family Law Information Centre. 13d. Other Administrative Space/Use: Legal Aid A Legal Aid office is not required. There is a Legal Aid office two blocks away. 13e. Other Administrative Space/Use: Victim/Witness Assistance Program There is no Victim/Witness Assistance Program (VWAP) office and one is needed. There should be some office space for such an office. There is a witness room in the facility. The courthouse cannot currently accommodate integrated justice facilities. 13f. Other Administrative Space/Use: Media There is no media room. Information on what is required was not reported. 7

10 14. Libraries The courthouse has a library facility, which is needed and is used by members of the Bar and the Bench. A librarian works on-site and computer facilities are available. Overall, the library is inadequate in size and does not meet existing needs. The library is quickly outgrowing the small space in which it is located. The County and District Law Association and the jointly administer the library. 15. Other Security Matters The overall level of security is described as poor for courthouse staff, Crown officers, judges, lawyers and the general public. It is described as adequate for persons under custody. There appears to be sufficient court security for the Bar, Crown attorneys, the judiciary, the police, court staff and the public. There is no metal detector. There are no police officers regularly posted at the building, although there are court security officers on duty when court is in session. The courthouse is not serviced 24-hours a day by security officers, and the building does not have a functioning burglar alarm system. There are sufficient court security officers on duty. Security systems and resources have not diminished during the past three years and no ineffectively handled security- related incidents have occurred during the past three years. 16. Prospects and Future Needs Information on the requirements to meet existing needs in this facility was not reported and no suggestions were made with respect to future needs. 8

11 County or District: Level of Court: Courthouse Address: Cochrane Superior Court of Justice 149 4th Avenue, Cochrane Summary: The courthouse building is in a good state of repair and interior facilities are in adequate repair. There are an insufficient number of lawyer-client meeting rooms in this facility. There are inadequate lawyers facilities, including no separate gowning facilities and no duty counsel offices. The library is inadequate in size. The lack of free parking is a problem for courthouse users. The overall level of security at this courthouse is poor. There are no segregated holding facilities. There are no police posted at the building and insufficient court security officers on duty. To meet current needs, improved lighting and air-conditioning are required in the main courtroom. 9

12 Report: 1. Use of this Courthouse The courthouse is used for criminal and civil matters. There were no user statistics. 2. External Features and Repairs The courthouse building is not a historical/heritage building and is in a good state of repair. Internal aspects of the building used by the public (excepting courtrooms and washrooms) are in adequate repair and housekeeping is likewise adequate. 3. Ownership and Control The building is publicly owned. Information on what entity owns and operates the facility was not reported. The facility is not subject to a lease. Information on the square footage of the facility was not reported. Renovations have occurred during the last 10 years, the cost of which was not reported. There are no plans to renovate within the next two years. There is no user committee for the facility. There are no issues regarding potential encroachment on the facility for the administration of justice by other government or private users. The top two issues related to the facility were described as follows: Additional barrister and consultation rooms are needed; Lighting and air-conditioning in main courtroom. There is an expectation that the second of these issues will be resolved in the next three years. 4. Courtrooms There is one Superior Courtroom and one Ontario Courtroom in the facility, both of which are shared by both levels of courts. The number of courtrooms is adequate to accommodate foreseeable growth and demand over the next 10 years. Superior Courtroom Number One is generally described as adequate. The acoustics, airconditioning and private exit for the accused in custody are described as poor and video conferencing facilities are non-existent. Ontario Courtroom Number One is adequate only with respect to the electronic security alarm for the judge, phones for the clerks, general appearance and state of repair, cleanliness, acoustics, disabled access and air-conditioning. The bench, counsel table, clerk/reporter facilities, jury box, witness box, prisoner box, retiring room for the judge and public seating capacity are described as poor. Non-existent amenities include a 10

13 private exit for the judge, private exit for the accused in custody and video conferencing facilities. 5. Lawyer-Client Meeting Rooms There are two lawyer-client meeting rooms in the courthouse, which is inadequate to meet reasonable demand. However, they are proximate to the courts, provide reasonable privacy and are reasonably furnished. 6. Jury Facilities There is a jury room for each court equipped for jury trials. Jury rooms are adequate in terms of furnishings and size and have a private entrance to the courtroom. Jury rooms have washroom facilities and jury members do not share facilities in common with other users of the courthouse. 7. Public/Witness Accommodation Seating for the public and witnesses outside the courtrooms is insufficient. Persons in custody are not required to pass through a public area to access courtrooms. There are no refreshment facilities in the courthouse. Men s and women s washroom facilities are poor, although maintained and cleaned adequately. There are no public access problems associated with this facility. The courthouse is not accessible by public transit, although adequate free parking is available within a reasonable distance. There are no health and safety issues associated with this facility. 8. Accessibility for Disabled Persons Disabled access to the courthouse is described as generally adequate. Access to the library is described as poor. The building has a functioning elevator. 9. Holding Cells There is one holding cell in the courthouse, in an adequate state of repair. There are no separate facilities for men and women, segregated cells or segregated facilities for youth in custody. Information on washroom facilities was not reported. There is no direct private access to the courts from the holding facilities. There are no private, secure solicitor-client conference facilities. There are no security issues with respect to these holding facilities. 10. Lawyers Facilities There is no lounge or similar space for the exclusive use of lawyers and no private phone facilities for the lawyers. 11

14 There are gowning facilities but no separate facilities are available for men and women. The men s facility is described as generally inadequate, in an adequate state of general maintenance. There are lockers but no washroom facilities. 11. Judges Chambers/Facilities The courthouse has three judges chambers, none of which are shared. This is adequate for the needs of Superior Court judges, Ontario Court judges and other judicial officers. The number of judges chambers is sufficient to accommodate reasonably foreseeable growth. The chambers are adequately furnished for Superior Court judges, Ontario Court judges and other judicial officers. All of the judges chambers do not provide for secure access to and egress from each court. 12. Crown Attorney Offices The building houses offices for the Crown attorneys, which accommodate existing needs. The Crown facilities do not have a separate office security system. 13a. Other Administrative Space/Use: Court Administration The courthouse contains administration offices, which are adequate to meet existing needs. 13b. Other Administrative Space/Use: Court Reporters Offices There are court reporter offices in the building, which are adequate for existing needs. 13c. Other Administrative Space/Use: Duty Counsel There are no duty counsel facilities. Private telephones are required to meet existing needs. There is no Family Law Information Centre. 13d. Other Administrative Space/Use: Legal Aid A Legal Aid office is not required. 13e. Other Administrative Space/Use: Victim/Witness Assistance Program There is no Victim/Witness Assistance Program (VWAP) office and a private office and telephone is required. There is no witness room in the facility. It is not known whether the courthouse can currently accommodate integrated justice facilities. 13f. Other Administrative Space/Use: Media There is no media room. Information on what is required was not reported. 14. Libraries The courthouse has a library facility, which is needed and is used by members of the Bar, Crown attorneys and the Bench. There are computer facilities available but there is no librarian. Overall, the library is inadequate in size and does not meet existing needs. 12

15 The County and District Law Association and the jointly administer the library. There are current issues with respect to the space utilized by the library. Too small. 15. Other Security Matters The overall level of security is described as poor for courthouse staff, Crown officers, judges, lawyers, persons under custody and the general public. There is an issue as to the sufficiency of court security for the Crown attorneys. There appears to be sufficient court security for the Bar, the judiciary, the police, court staff and the public. There is no metal detector. There are no police officers regularly posted at the building. The courthouse is not serviced 24-hours a day by security officers and the building does not have a functioning burglar alarm system. There are insufficient court security officers on duty. Security systems and resources have not diminished during the past three years and no ineffectively handled security- related incidents have occurred during the past three years. 16. Prospects and Future Needs In order to meet existing needs in this facility, improved air-conditioning and lighting are needed in the main courtroom. Separate gowning facilities for men and women as well as consultation and witness rooms are also required. No suggestions were made with respect to future needs. 13

16 County or District: Level of Court: Address: Cochrane Ontario Court of Justice 38 Pine Street North, Timmins Summary: This courthouse is located in a mall and the state of repair of the building was not reported. Interior facilities are in adequate repair and adequately maintained. This is a leased facility that does not meet the current needs of Cochrane District. There are no lawyer-client meeting rooms in this courthouse, which is a deficiency. There are no segregated holidng cells, and there are security issues with respect to the holding facilities. There have been two escape attempts by prisoners in recent years from the courthouse, one of which was successful. There is general lack of court space. Public seating in the building is insufficient. Duty counsel offices and courthouse parking is inadequate. With respect to anticipated future needs, as a bare minimum, a third courtroom and adequate lawyer-client interview spaces are required. It is unlikely any of these requirements will be met within the next five years. Although we do not think the current facilities are adequate, the alternative is to relocated the court out of the downtown area to a government facility twenty minutes east at the edge of the city. 14

17 Report: 1. Use of this Courthouse The courthouse is used for criminal and family law matters. There are no user statistics available. 2. External Features and Repairs The courthouse building is not a historical/heritage building. Information on the rate of general repair of the building was not reported. Court is in rented mall premises. Internal aspects of the building used by the public (excluding courtrooms and washrooms) are in adequate repair and housekeeping is likewise adequate. 3. Ownership and Control The building is privately owned and is subject to a lease. Information on lease expiry date, lease payments and the square footage of the facility was not reported. Information on whether the building has been renovated in the last 10 years was not reported. No renovations are underway or planned for the next two years. There is no user committee for the facility. There are no issues involving encroachment on the use of the facility for the administration of justice. The top three issues related to the facility were described as follows: Lack of court space bail hearings are unable to proceed when trial courts are on and judges are not able to sit on trial because bail hearings are required; Inadequate security there was a recent escape by inmate through a public waiting area through which police lead prisoners to court; Lack of private meeting rooms for counsel. There is no expectation that any of these issues will be resolved in the next three years. 4. Courtrooms There are two Ontario courtrooms in the facility. Courtroom facilities are not sufficient to accommodate foreseeable growth and demand. Ontario Courtroom Number One is described as adequate. The prisoner box, general appearance and state of repair, cleanliness, acoustics and air-conditioning are described as poor. Non-existent amenities include phones for the clerks and video conferencing facilities. Ontario Courtroom Number Two is described as adequate. The private exit for the accused in custody, public seating capacity, general appearance and state of repair, 15

18 cleanliness and air-conditioning are described as poor. Non-existent amenities include a retiring room for the judge, phones for the clerks and video conferencing facilities. 5. Lawyer-Client Meeting Rooms There are no lawyer-client meeting rooms in the courthouse. This is a deficiency. There is one legal aid office which is seldom used only by Legal Aid. When two duty counsel are working at the same time, they have to both meet with clients in the same room. 6. Jury Facilities Not applicable. 7. Public/Witness Accommodation Seating for the public and witnesses outside the courtrooms is insufficient. Persons in custody are required to pass through a public area to access courtrooms. Men s and women s washroom facilities are poor, although adequately maintained and cleaned. Washrooms are used by all offices in the mall. There are adequate refreshment facilities available to the public. In the mall, there is a food court. Information on whether there are public access problems associated with this facility was not reported. The courthouse is accessible by public transit. Adequate parking is available within a reasonable distance, but it is not free. This presents a problem. People have to run in and out of court to pay for parking. There are no health and safety issues associated with the facility. 8. Public/Witness Accommodation Disabled access is described as adequate, except for access to the library, which is poor. The building is not a multiple level facility. 9. Holding Cells There are two holding cells in the courthouse, in an adequate state of repair. There are no separate facilities for men and women, segregated cells or segregated holding facilities for youth. There are washroom facilities and direct private access form the holding cells to one of the courtrooms. There are adequate private, secure solicitor-client conference facilities. There are security issues with respect to the holding facilities. If there are youth (male and female) and adults (male and female) coming to court on the same day, the two adjoining cells are inadequate to accommodate the prisoners. They have sometimes handcuffed prisoners to a bench in the cell area. At other times, prisoners are kept at the police station until cells at court are freed up. 16

19 10. Lawyers Facilities There is no lounge or similar space for the exclusive use of lawyers and no private phone facilities for lawyers. 11. Judges Chambers/Facilities There are three judges chambers, which is adequate for Ontario Court judges and other judicial officers. The number of judges chambers is sufficient to accommodate reasonably foreseeable growth. The chambers are adequately furnished and provide for secure and private access to and egress from each court. 12. Crown Attorney Offices There are no Crown Attorney offices in the building. 13. Other Administrative Space/Use The building houses court administration offices and officials. There are no court reporters offices in this courthouse. Information on what is required was not reported. The courthouse does not have a Legal Aid office, a Victim/Witness Assistance Program (VWAP), witness room or a media room. A VWAP office is required. It is unknown if the courthouse can currently accommodate integrated justice facility requirements.. Duty Counsel facilities consist of a single room, not soundproofed, that is used by police, other counsel, Crown attorneys and victims. There are no separate interview rooms. It is inadequate to meet existing needs. There should be better soundproofing, greater space and restricted access. There is no Family Law Information Centre. 14. Libraries There is no library in the courthouse and one is not required. 15. Other Security Matters The overall level of security is described as adequate for staff, Crown officers, judges, lawyers, persons under custody and the general public. There appears to be an issue as to the sufficiency of court security for members of the Bar, the Crown attorneys, the judiciary, the police, court staff and the public. There is no metal detector. Information on a burglar alarm system and 24-hour security officer service was not reported. There is one court security officer for each courtroom that is sitting plus one or more in the cells. There are sufficient court security officers and police on duty. Security systems and resources have not diminished during the past three years. There have been ineffectively handled security- related incidents during the past three years. There have been two escape attempts by prisoners in recent years from the 17

20 courthouse, one of which was successful. Prisoners have to be led to and from court through a public waiting area. 16. Prospects and Future Needs There should be a third courtroom, lawyer-client meeting rooms, improved witness waiting room and adequate duty counsel facilities to meet existing needs in this facility. There is no likelihood that these requirements will be met within the next five years. It is unlikely that any of these things will happen. Although we do not think the current facilities are adequate, the alternative is to relocated the court out of the downtown area to a government facility twenty minutes east at the edge of the city. With respect to anticipated future needs, as a bare minimum, a third courtroom and adequate lawyer-client interview spaces are required. It is unlikely any of these requirements will be met within the next five years. It would be preferable to combine the Ontario Court and Superior Court facilities in one building but not on the outskirts of the city. If another downtown location could be found and facilities built, that would be ideal. However, that taking place is unlikely. 18