The Court System versus the Olympics

by Michael Welsh

Most of us consider ourselves relatively untouched by the Olympics. We are not athletes or organizers or volunteers. We may have procured some tickets. Otherwise we will likely catch the highlights on TV.

But there is a reason that one definition of “Olympian” is “far beyond what is usual in magnitude or degree” – something B.C.’s court system has discovered after being caught in the far-flung Olympic fallout to a degree that most lawyers, let alone the general public, may not know.

Criminal practitioners are aware that during the Olympics police officers will generally not be available to testify in trials, as they will be involved in Olympic security. They may not know that sheriffs also have been seconded for Olympic duty. About 100 are being redeployed. The reduced need for sheriffs, due to elimination of criminal trials in February, cancelling of all leaves and rescheduling of any training sessions, are the means to this end.

As a result, judicial case managers around the province have been busy for months filling that criminal court time in February with family and small claims cases. The Chief Judge’s office advises that the Provincial Court system has now successfully filled its rotas.

It must not have been easy. Both the Robson Square courthouse and the Smithe Street Law Courts are in the traffic-restricted area of downtown Vancouver and adjacent to the site for the B.C. government public celebrations. Being almost impossible to access, the Robson Square court will essentially shut down. Only emergency family and youth matters (basically bail hearings) will continue. Instead, the 222 Main Street criminal court will reverberate with unfamiliar refrains from family and small claims disputes and some family cases are being moved to New Westminster. Vancouver-based judges who lost out in their bid for Olympics tickets are packing their snowshoes and cross country skis for sojourns to snowy upcountry registries to assist their local colleagues with backlogs.

On the Supreme Court front, the new Chief Justice has decreed that there will be no criminal jury trials between February 6 and March 1 and no civil jury trials in Vancouver between February 8 and 26. In a rare Olympics bargain, the court has waived hearing fees to reset jury trials caught in the crunch. Judge-alone trials, chambers and registrar’s hearings will continue for those who can find their way through the Olympic throng.

The Court of Appeal judges must have had more luck in their Olympic ticket hunt as it will be closed for regular court sittings during the weeks of February 8, 15 and 22, with hearings to resume on March 1. Sittings for urgent matters during this period can be scheduled by contacting the court scheduler in writing, setting out the basis for the urgency. Otherwise only chambers will continue.

What we do not know yet is the added cost to our already cash-strapped court system to make these Olympic maneuvers. Let us hope that the Attorney General and Solicitor General keep tabs when they go to cabinet for their next round of budget negotiations.

This article was published in the February 2010 issue of BarTalk. © 2010 The Canadian Bar Association. All rights reserved.