Task Force on Courthouse Facilities Survey Report ELGIN COUNTY

Task Force on Courthouse Facilities Survey Report ELGIN COUNTY Group 3

TABLE OF CONTENTS ELGIN COUNTY SUMMARY:...... 2 SUPERIOR COURT (ST. THOMAS) SUMMARY:...... 3 REPORT:...... 4 ONTARIO COURT (ST. THOMAS) SUMMARY:......10 REPORT:...... 11

County or District: Elgin Superior Court of Justice 4-8 Wellington Street, St. Thomas, Ontario Reported on by: Justice Michael O Dea Robert Upsdell Gord Button Inspector R. Dymock Ontario Court of Justice 30 St. Catherines Street, St. Thomas, Ontario Reported on by: Robert Upsdell 1

County or District: Elgin Summary: Five completed survey questionnaires were received from. Four questionnaires provided details on one Superior courthouse (St. Thomas) and one questionnaire provided details on one Ontario courthouse (St. Thomas). is approximately 1000 square miles. The sites of the courthouses are described as adequately suited to the needs of the local population. Encroachment on the use of the facility for the administration of justice by other government or private users is perceived as a problem in both the Superior Court and the Ontario Court. Superior Court (St. Thomas) This facility is totally inadequate to meet the needs of the. Problems are described as arising from insufficient office space and a need for holding facilities within the courthouse. Lawyer-client meeting rooms and duty counsel facilities are inadequate, courtroom acoustics are poor, and public seating is insufficient. There is no lawyers lounge and parking at the building is inadequate. There are also issues with respect to access for the disabled, as well as health and safety concerns regarding the lack of airconditioning and the presence of mould. Ontario Court (St. Thomas) This is a satellite court, used every day, including Saturdays, Sundays, and holidays. This leased facility, located on the top floor of the police station, is reported to be inadequate to meet current needs. Lawyer-client meeting facilities are inadequate in this courthouse. Disabled access to certain areas of the building is poor. There are no duty counsel facilities, no Legal Aid office and no Victim/Witness Assistance Program office, all of which are needed in the building. With respect to future needs, a Satellite Court here or nearby is required and justified. At some point, we need more space. 2

County or District: Level of Court: Courthouse Address: Elgin Superior Court of Justice 4-8 Wellington Street, St. Thomas Summary: This courthouse is a historical building. Reporting on the state of repair of the building varied from good (two parties) to poor (one party) to declining (one party). Internal heritage features have not been well maintained. Interior facilities are in poor to unacceptable repair. This facility is inadequate to meet the current and future needs of the. Although it has long been recognized that this facility is totally inadequate, and various Ministry officials have promised action on countless occasions over at least 25 years, nothing has changed other than the continued deterioration of the facility. With respect to offices and facilities, all the courtrooms in the building are described as poor and are insufficient to accommodate reasonable growth. There are no lawyerclient meeting rooms, no holding facilities and no separate gowning facilities for men and women. Disabled access in this courthouse is non-existent. There is no elevator in this multiple level facility. There are health and safety issues with respect to the emergency evacuation of disabled persons and climate control in the building. There are no duty counsel facilities, no court reporters offices and no Victim/Witness Assistance Program office. There is no lawyers lounge and the library is inadequate for existing needs. The overall level of security in this facility is described as poor to very poor. A new, consolidated courthouse facility is required in St. Thomas. Current initiatives are underway with respect to meetings and subsequent memos to Ontario Superbuild Corporation, but it remains to be seen whether this government initiative will progress. The Province has demonstrated a consistent lack of commitment to addressing the deficiencies in. Over the years, we have been on and off various lists. In January 1995, we were told by the government that tenders would be let within weeks for a consolidated facility. Instead, within those weeks, these plans were cancelled. In late 1995, the government secretly formed an intention to close our court facilities and move them to London. There was such a public outcry, and complaint by police services, Children s Aid Services, etc., that the government backed off. At a meeting convened by our Crown Attorney in December 1999, a representative of the government attended and indicated that secure holding facilities were likely to be in place shortly. As of this date, no such construction has commenced. While the Task Force is investigating strategies for obtaining capital commitments for courthouse development from non-government sources, an interesting aspect of the 3

situation in is the current owner has purportedly offered to construct a new courthouse facility in exchange for a long-term lease commitment from the government, but the Province has allegedly been unwilling to agree to these terms. The private owner of the Wellington Street facility has apparently offered to construct a consolidated facility, but negotiations stalled. Details of these negotiations have not been adequately revealed. These negotiations have been stalled for five years. [The current owner] proposed to construct the consolidated facility himself, and charge the province no more rent than the province was currently paying for the two separate facilities currently being used. We were told that the stumbling block was a 20-year lease, whereas the province would not go beyond 10 years. We have no way of verifying whether this information is accurate or not. 4

Report: 1. Use of this Courthouse The courthouse is used for criminal, family law, civil matters and small claims. Users statistics reported are as follows: 1996/97 1997/98 1998/99 Number of court hours 714 449 485 2. External Features and Repairs The courthouse is a historical/heritage building in which the external original structure has been respected. Two parties reported the building is in good repair, one party reported it is in poor repair and one party reported it is in declining repair. Internal heritage features have not been well maintained. Three parties reported the internal aspects of the building used by the public (excluding courtrooms and washroom facilities) are in unacceptable repair while one party reported it is in poor repair. Housekeeping is poor. 3. Ownership and Control The building is privately owned and subject to a lease. The lease is overheld. No renovations to the building have occurred in the last 10 years and there are no plans to renovate in the next two years. There is no user committee for the facility. Not currently active. There are no longer issues involving encroachment on the use of the facility for the administration of justice, as the private enterprise on the lower floor recently moved out. The top issues related to the facility were described as follows: A facility designed and constructed in the 1800 s, now substantially the same as originally constructed, totally inadequate for modern day needs. Although it has long been recognized that this facility is totally inadequate, and various Ministry officials have promised action on countless occasions over at least 25 years, nothing has changed other than the continued deterioration of the facility. Serious security issues posing real risk to the public, judges, Crown Attorneys and lawyers. No holding cells, witness or consultation rooms. No climate control anywhere within the building. There is no expectation on the part of the respondents that any of these issues will be resolved in the next three years. 5

4. Courtrooms There are two courtrooms available in the facility, both of which are shared by both levels of courts. Courtroom facilities are insufficient to accommodate reasonable growth and demand. Courtroom Number One is generally described as poor. Aspects of the facility that are described as adequate include the bench (2 parties), counsel table (3), clerk/reporter facilities (1), jury box (1), witness box (1), public seating capacity (2), general appearance and state of repair (1) and cleanliness (1). Non-existent amenities include a private exit for the judge (2 parties), private exit for the accused in custody (4), electronic security alarm for the judge (1), phones for the clerks (3), video-conferencing facilities (4), acoustics (1), access for the disabled (4) and air-conditioning (1). Courtroom Number Two is also generally described as poor. Aspects of the facility that are described as adequate include the bench (1 party), counsel table (1), clerk/reporter facilities (1), witness box (1), general appearance and state of repair (1), cleanliness (1) and acoustics (2). Non-existent amenities include jury box (3 parties), prisoner box (3), private exit for the judge (3), retiring room for the judge (3), private exit for the accused in custody (3), electronic security alarm for the judge (2), phones for the clerks (3), video-conferencing facilities (3), acoustics (1), access for the disabled (4) and airconditioning (1). 5. Lawyer-Client Meeting Rooms There are no lawyer-client meeting rooms in the courthouse. This is a deficiency. 6. Jury Facilities Three parties reported there is a jury room for each court equipped for jury trials. The jury rooms have a private entrance to the courtrooms but are inadequate in terms of size and furnishings. One party reported there is not a jury room for each court equipped for jury trials, the rooms are adequately furnished and there is no private entrance to the courtrooms. All parties reported there are washroom facilities. Two parties reported the jury does not use facilities in common with other users of the courthouse while two parties reported they do. This presents a problem. Close contact with solicitors, accused, witnesses. 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. There are no refreshment facilities in the courthouse, which is inadequate for the public s needs. Men s and women s washroom facilities are poor, poorly maintained and cleaned. The courthouse is accessible by public transit. Free parking is available within a reasonable distance. Three parties reported there are not adequate parking spaces, while 6

one party reported there are an adequate number of spaces. The lack of free parking does not present any problems. There are health and safety issues associated with this facility. No air-conditioning; trials or hearings in warmer months are unbearable for the public and the bar. Accessibility to and from the building by the disabled (in case of emergency) is a real safety issue. 8. Accessibility for Disabled Persons Disabled access is described as non-existent. The building is a multiple level facility and there is no elevator. There are public access problems associated with this facility. Disabled have to be carried in and upstairs where all court facilities and library are located. Disabled persons must locate someone to get them in and out. This is a major access to justice issue. 9. Holding Cells There are no holding facilities in this courthouse. This is inadequate to meet existing needs. Accused are held in the barristers robing room, library, public waiting rooms or hallway, whichever is available. Accused and victims frequently come face to face [while] awaiting a hearing. 10. Lawyers Facilities There is no lounge for the exclusive use of lawyers and no private phone facilities for the lawyers. There are gowning facilities, although separate facilities for men and women are not available. The men s facility has lockers and a washroom. It is described as generally adequate, in an inadequate state of general maintenance. It hasn t been upgraded or renovated for 30 years. Lockers are broken and the washroom has a 60 year old toilet, sink and mirror with a door with a smoked glass window. 11. Judges Chambers/Facilities The courthouse has two judges chambers. Two parties reported this is adequate for the current Superior Court judges and that the chambers are adequately furnished. The other two parties reported it is not adequate for the current needs of judges and the chambers are inadequately furnished. The number of judges chambers is insufficient to accommodate reasonable growth. The judges chambers do not provide for secure access to and egress from each court. 12. Crown Attorney Offices The building houses offices for Crown attorneys. Two parties reported these offices accommodate existing needs, while the other two parties reported they do not and there are no plans to accommodate these needs in the next three years. There is no separate security system for the Crown offices. 7

13a. Other Administrative Space/Use: Court Administration The courthouse does not contain administration offices. There is no office space for administrators when working in this building. Main administrative offices are about 10 blocks away in another building. 13b. Other Administrative Space/Use: Court Reporters Offices There are no court reporters offices. Office and computer friendly facilities are needed to meet existing needs. 13c. Other Administrative Space/Use: Duty Counsel There are no duty counsel facilities, which is inadequate for existing needs. There is no Family Law Information Centre. 13d. Other Administrative Space/Use: Legal Aid There is no Legal Aid office in the courthouse. Two parties reported such an office is required while the other two parties reported it is not. Legal Aid office is next door. 13e. Other Administrative Space/Use: Victim/Witness Assistance Program There is no Victim/Witness Assistance Program (VWAP) office, which is required in the courthouse. They use part of the library. Offices separate from the public and the accused are required to meet existing needs. There is no witness room in the facility. The courthouse cannot currently accommodate integrated justice facilities. 13f. Other Administrative Space/Use: Media There is no media room in the building. 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. A librarian works on-site and computer facilities are available. Overall, the library is inadequate in size and does not meet existing needs. The County and District Law Association and the jointly administer the library. There are current issues with respect to utilization of space by the library. Not enough space, no lounge. Cramped, inadequate and not computer friendly. 15. Other Security Matters Three parties described the overall level of security in the courthouse as very poor for the court staff, Crown officers, judges, lawyers, persons under custody and the general public, while one party described it poor. There is an issue as to the sufficiency of court security for the Bar, Crown attorneys, the judiciary, the police, court staff and the public. Security does not exist. 8

There is no metal detector. Three parties reported there are no police posted at the building while one party reported they are posted when required. Security officers do not service the courthouse 24-hours a day and there is no burglar alarm system. Two parties reported there are sufficient court security officers on duty while the other two parties reported there are not. Security systems and resources have not diminished during the last three years. Always poor. There have been ineffectively handled security- related incidents during the past three years. Prisoner escape and confrontations between lawyers and litigants. 16. Prospects and Future Needs There are a number of requirements necessary to meet existing needs in this facility; however, the most pressing issue is the security in the courthouse. Non-existent; totally unacceptable for a court facility in this day and age. Adequate protection and security from prisoner escape and potential incidents is required. This facility, by design, does not easily lend itself to good security. With respect to future needs, all parties agree the existing facility is completely inadequate. Comments included: requires a new combined facility. Neither existing building can meet the needs in the future. This facility was built more than 100 years ago. It would cost more to renovate than to build new. Serious question of whether this facility can be adequately upgraded, complicated by apparent inability of the Province to negotiate such an arrangement with the owner of the building over a considerable number of years. New facility would be better as retrofit of existing building would be very difficult. The likelihood of these requirements being met within the next five years is nil, given the past history of acknowledging needs, but nothing done to address them other than hollow promises. 9

District or County: Level of Court: Courthouse Address: Elgin Ontario Court of Justice 30 St. Catherine Street, St. Thomas Summary: The courthouse building is in a good state of repair and interior facilities are in adequate repair. This courthouse shares a building with the St. Thomas Police Service. There are issues of encroachment on the use of the facility for the administration of justice by the Police Service. A new, consolidated facility, in another location, is required to adequately serve the justice needs of. Current unmet requirements include a lawyers lounge, private telephone access for lawyers and a Legal Aid office. Courtroom facilities are insufficient to accommodate reasonably foreseeable growth. Lawyer-client meeting rooms and the duty counsel facilities in the courthouse are inadequate for existing needs. Security for Crown attorneys and lawyers working at this facility is poor and there are security issues with respect to the holding facilities. There is no likelihood of any of these requirements being met within the next five years. No current plans to remedy what are long-standing chronic problems. 10

Report: 1. Use of this Courthouse The courthouse is used for criminal and family law matters. User statistics reported are as follows: Number of court hours 1996/97: 1750 1997/98: 2121 1998/99: 2015 Number of prisoner escorts to 1996: 1387 1997: 1467 1998: 1671 1999*: 1736 court Number of bail hearings - - - 1999 220 Number of criminal charges by City of St. Thomas Police (does not include St. Thomas OPP or Aylmer Police service) - 1997-2004 - 1999-1546 *does not include weekend and holiday bail court initiated in December 1999 (utilized by six police services including video remands for City of London) 2. External Features and Repairs The courthouse building is not a historical/heritage building and is in a good state of repair. Internal heritage aspects have been maintained, though they are of inferior quality. Internal aspects of the building used by the public (excluding courtrooms and washrooms) are in adequate repair and the housekeeping is also adequate. 3. Ownership and Control The building is publicly owned and operated by the City of St. Thomas. The facility is subject to a lease. The lease is generally renewed every 2 years or so. The square footage of the facility is not known. The annual lease payment is estimated at $250,000. The building has not been renovated in the last 10 years and there are no plans to renovate in the next two years. Currently, there is no user committee for the facility. Issues involving encroachment on the use of the facility for the administration of justice include: There has been conflict in the past over use of the very limited interview space available between defense counsel and the police. Police Station is in the same building and police often attempt to use authority over space designated for court use. Telephone line used by police is same one allocated for lawyers (criminal and family) and duty counsel serving two courts. The top three issues related to the facility were described as follows: Insufficient courtrooms to handle caseload serious backlog of trials; insufficient time to schedule bail hearings, resulting in excessive delays in bail hearings being scheduled and conducted. 11

Lack of interview space counsel often required to conduct interviews with clients and witnesses in corridors. General perception caused by court being part of police station, and judges entrance being through police station part of building. There is no expectation that any of these issues will be resolved in the next three years. 4. Courtrooms There are two Ontario Courtrooms available in the facility. The number of courtrooms is insufficient to accommodate reasonably foreseeable growth. Ontario Courtroom Number One is described as generally adequate. The access for the disabled is described as poor. Non-existent amenities include a retiring room for the judge and an electronic security alarm for the judge. Ontario Courtroom Number Two is described as generally adequate. The public seating capacity and access for the disabled is described as poor. Non-existent amenities include a retiring room for the judge, electronic security alarm for the judge and videoconferencing facilities. 5. Lawyer-Client Meeting Rooms There are three lawyer-client meeting room in the courthouse, which is inadequate to meet reasonable demand. However, the rooms are reasonably proximate to the courts, are reasonably furnished and provide reasonable privacy. 6. Jury Facilities Not applicable. 7. Public/Witness Accommodation Seating for the public and witnesses outside the courtrooms is sufficient. Persons in custody are not required to pass through public areas to access courtrooms. Men s and women s washroom facilities are adequate, both maintained and cleaned adequately. There are no refreshment facilities available to the public in the courthouse. The courthouse is accessible by public transit and adequate paid parking is available within a reasonable distance of the courthouse. There are no health and safety issues associated with the facility. 8. Disabled Access Disabled access is described as poor in this courthouse. This is a multiple level facility with a functioning elevator. There are public access problems associated with this facility. Only elevator is in the police station and was designed for prisoners only. 12

9. Holding Cells There are a number of holding cells in the police station part of the building. There are separate facilities for men and women, segregated cells and segregated facilities for youth in custody. There are washroom facilities and the holding cells are in an adequate state of repair. There is direct private access to the courts from the holding facilities. There are unacceptable private, secure solicitor-client conference facilities. There are security issues with respect to these holding facilities. Lawyers interview persons in custody in an unsecure room. 10. Lawyers Facilities There is no lounge or similar space for the exclusive use of lawyers and there are no are private phone facilities for lawyers. 11. Judges Chambers/Facilities There are three judges chambers in the building, none of which are shared. The number is adequate for the current needs of the Ontario Court judges and other judicial officers and is adequately furnished. They are not sufficient to accommodate reasonably foreseeable growth. All of the judges chambers provide for secure access to and egress from each court. 12. Crown Attorney Offices The building houses office for 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. Offices separated and scattered over two floors. 13b. Other Administrative Space/Use: Court Reporters Offices There are no court reporters offices in the building. Information on what is required was not reported. 13c. Other Administrative Space/Use: Duty Counsel There are duty counsel facilities in the building, which are inadequate for existing needs, consisting of three rooms, unlocked, shared with defense counsel and family law lawyers. More rooms, minimum three per court are required. There is a Family Law Information Centre, located in one of the offices used for duty counsel. 13d. Other Administrative Space/Use: Legal Aid There is no Legal Aid office in the courthouse. It would be beneficial to house Legal Aid in the same building for convenience. 13

13e. Other Administrative Space/Use: Victim/Witness Assistance Program There is an adequate Victim/Witness Assistance Program (VWAP) office in the courthouse. There is no witness room in the facility. It is unknown if the courthouse cannot currently accommodate integrated justice facilities. 13f. Other Administrative Space/Use: Media There is no media room in the courthouse. 14. Libraries There is no library in the courthouse, although the Bar, Crown attorneys and the Bench require one. 15. Other Security Matters The overall level of security is described as adequate for staff, judges, persons under custody and the general public and poor for Crown officers and lawyers. There is an issue as to the sufficiency of court security for the Crown attorneys. There is basically none for Crown or lawyers. There appears to be sufficient court security for the Bar, the judiciary, the police, court staff and the public. There is no metal detector in the courthouse. Police are posting at the building. City of St. Thomas Police Service occupies the same building. There are sufficient court security officers and police on duty. There is no burglar alarm system in the building, although it is serviced 24-hours a day by security officers. Security systems and resources have not diminished during the past three years and there have been no ineffectively handled security-related incidents in this time. 16. Prospects and Future Needs Security for the Crown attorneys and lawyers working at this courthouse is a concern. Crown must use public corridors in and out of court. The likelihood of this requirement being met within the next five years is nil. There were no suggestions made with respect to requirements to meet existing needs in this facility. In terms of future needs, anticipated community growth dictates additional courtroom facilities required. Consolidated facility away from the police station required to house all courts. The likelihood of this requirement being met within the next five years is unknown. No current plans to remedy what are long-standing chronic problems. 14