New bail court should reduce backlog in system, province says

The Nova Scotia government announced Thursday that it is creating a bail court to try to improve efficiency and reduce backlogs in the provincial court system.

The new court will be set up in HRM but hear cases electronically from across the province.

Justice Minister Brad Johns told reporters after Thursday’s government cabinet meeting that he’s “quite excited” about the new court and the way it will reduce backlog in the system.

“One of the issues we’ve talked about in the past is in regards to the Jordan cases, things getting thrown out, the remands that are being held. I think about 70 per cent of the people that are currently in our correctional facilities are on remand,” he said. “This really streamlines, gives people a quicker way to be heard and granted bail. It also takes some of that out of the general stream, it frees up some of the courts, too.”

The Jordan decision in the Supreme Court of Canada says that cases in provincial court must be heard within 18 months after charges are laid.

Johns said he expects that if there was a need, some bail hearings could still be heard elsewhere.

“I would anticipate if there is some overflow, they will flow back into the other (courts),” he said. “Although we don’t know exactly physically where it will be located, geographically we’re looking at the Halifax HRM area, one of the courthouses that are here and trying to utilize technology through videoconferencing so that it can be spread out across the province.”

Details to be worked out

‘He said the plan is to renovate existing space somewhere in HRM, and there are a few locations being reviewed.

He said some details, such as whether people who are arrested and held in the jail in Burnside are transported to the original jurisdiction for a hearing virtually or go in person to the HRM site have to be worked out. 

Johns didn’t know whether more staff would be required in other courtrooms outside HRM to run the hearings that are held virtually. They would need to be held in a separate room from where other cases were proceeding.

“I don’t want to get too much into the technicalities because I really don’t know. I do know that when it comes on stream, for the bail court itself, there will have to be additional staff hired, an additional judge or two.”

Eight new jobs will be created to operate the bail court, and four more justices of the peace will also be appointed.

‘Endemic in the system’

Brian Cox, the president of the Nova Scotia Crown Attorneys Association, said there are plenty of examples of court proceedings that have been delayed or interrupted because of unplanned or unexpectedly long bail hearings.

“It’s happened to every Crown,” Cox said. “It’s endemic in the system.”

He said the new court will be a welcome addition to the court system and a good investment.

The association had been asking the government to consider setting one up, he said.

“It should provide expeditious bail hearings for accused individuals and triage the bail system away from the trial system,” he said. “It’s commonplace in Nova Scotia courts that a busy trial docket is interrupted by pressing bail matters, and the net result is trials are delayed.”

There were 24 bail hearings scheduled for the 14 provincial courts that were open and operating on Thursday.

Perry Borden, the Chief Judge of the provincial court said in a release that Nova Scotia “is long overdue for a bail court. It is not uncommon to have dozens of accused individuals in custody every day. These can be lengthy contested matters; having dedicated resources for bail hearings is a more efficient and effective approach that will have a positive impact on all areas of the criminal justice system.” 

While the operating costs, including salaries, are expected to be around $1.75 million this fiscal year. the department said there is more feasibility and design planning to go through before the location and opening date are determined.

Nova Scotia Legal Aid will receive an annual grant of $227,000 to hire a new staff lawyer and court support worker.