Community courts, justice system response and public perceptions of crime were just a few of the topics discussed at a dialogue session in Sechelt last Saturday between B.C.'s Chief Judge of provincial courts Hugh Stansfield and members of the public.
Stansfield oversees the administration of all the provincial court judges in B.C., who collectively handle about 100,000 cases a year. However, the public, through media reports, may hear about only a couple hundred of those cases, he noted, which becomes "the prism through which the public sees the system." He recognized community volunteers in court watch programs develop a balanced, clearer understanding of the system.
Stansfield discussed the community courts idea, whereby the community and courts could play a larger role in breaking cycles of criminality while still holding offenders accountable.
The criminal justice system response has traditionally gone after major crimes more so than minor crimes, he noted. "If you don't pay attention to minor crimes, it sends the message that it's okay to break the law," Stansfield explained. "What happens is you promote crime, ironically, from the bottom up." He spoke of an emerging shift in thinking that focuses on addressing the social issues, such as mental illness, addictions and poverty, which can lead up to an individual's involvement in minor crimes, in order to prevent involvement in major crimes.
"We need to look at the cause that's underlying the criminality," he said. The problem-solving model looks at how to engage the individual and intervene to stop the behaviour.
A wide range of service agencies would play an active role in a community court that focuses on rehabilitation if the offender pleads guilty and is willing to make changes. A punishment such as community service work would start the same day as sentencing and would show the community the offender is being held accountable in a way that benefits the community."The public responds enormously positively to that," Stansfield said. He referred to the New York City model of community courts, which have resulted in a decrease in repeat offences and a decrease in minor crimes.
"They're generating a public confidence in the justice system."
Stansfield has travelled throughout the province meeting with communities. Capilano College's Eldercollege invited him to speak in Sechelt. Retired lawyer Fred Herbert, who sits on the Eldercollege executive, noted while introducing the chief judge the historic reluctance of judges to speak out in public on crime.
"Judge Stansfield is a refreshing breath of fresh air," Herbert said. The purpose of bringing the judge to speak was to address the issue of the public's perception of crime being rampant and out of control and sentences being too lenient, Herbert explained.
Stansfield agreed judges historically have not spoken out in public, pointing out it was likely because of the need to be seen as impartial and independent.
He was appointed chief judge last year and resolved to break down barriers with the public and create opportunities for information sharing.
"I don't think we can afford not to be in contact with people," Stansfield told the crowd of approximately 70 people at the Chatelech Secondary School theatre.
A member of the audience raised concern about the timeframe between being charged with an offence and the charge going through court.
Stansfield said provincially, courts strive for a maximum six-month wait for trial. However, in Sechelt, currently there is an average eight-month wait for a conventional trial and a 10-month wait for a longer trial, so he acknowledged the court is behind.
Earlier in his talk, Stansfield introduced Judge Ann Rounthwaite who will be headquartered in Sechelt full-time while Judge Dan Moon is on long-term disability.
Stansfield pointed to new technologies that can help move trials along more quickly, such as witnesses testifying by video or judges presiding over court sessions by video.
Stansfield addressed the public concern with an accused getting off on a technicality by noting judges have a responsibility to apply the law by balancing the rights of accused and the rights of the community.
"It's about protecting innocent people, not about protecting the bad guy," he explained, adding the guiding principle is knowing that the system operates with integrity.
Stansfield acknowledged the justice system has done an inadequate job dealing with First Nations communities but believes relations are improving. "We have so much to learn from First Nations, especially with restorative justice," Stansfield said. "That's a dialogue that has to continue."
