BC Supreme Court warns trials may be impacted by staff and space constraints

FORT ST. JOHN, B.C. — Some criminal trials in the Peace Region, including in Fort St. John and Dawson Creek, may not proceed as scheduled due to a shortage of space and staff. 

According to a notice by the Supreme Court of British Columbia on April 30th, criminal trials may not proceed as scheduled if the accused person, who is in custody, and the courthouse are far from the nearest pre-trial correctional centre. 

This notice applies to trials, pre-trial applications, sentence proceedings, and voir dires, which are hearings to determine a question of law, including the admissibility of evidence.  

Until 2025, accused people in custody were housed at local police detachments during their trials if the drive from the nearest correctional centre and the courthouse was not manageable twice daily. 

In trials lasting several weeks, the accused was often returned to the correctional centre each weekend, the notice said. 

However, the RCMP and local police forces were unable to continue keeping the accused in custody due to space and staff constraints.

As a result, some courthouses lack facilities in the local community to house in-custody accused individuals and are unable to manage the drive between the correctional facilities and the courthouse. 

These court locations include Fort St. John, Dawson Creek, Cranbrook, Nelson, Powell River, Prince Rupert, Revelstoke, Rossland, Smithers, Terrace and Williams Lake. 

Court sheriffs have been seeking a solution to allow the trial to proceed, often involving the accused being transported by chartered airplane between the pre-trial facility and the courthouse each day of the trial. 

But sometimes chartered flights are not available. 

A working group, which includes provincial government officials and police service representatives, has been looking for a province-wide interim solution for several months. 

The group hopes to have housing and/or transport arrangements in place soon so the in-custody accused person can attend trials at some of the affected court locations. 

Similar arrangements are expected to follow in the coming months at other locations as well. 

However, it is unclear when a long-term solution will be identified or implemented. 

Until the arrangements are in place, a case management conference for cases that may be affected is necessary to determine whether an in-custody accused person will be housed in the trial community or transported daily to and from the correctional centre. 

The notice dated April 30th, asks the Crown and Defence Council, with a criminal trial scheduled at the courthouse, to contact the Supreme Court Scheduling three months before the trial’s start date to arrange a case management conference before the Associate Chief Justice or her designate to discuss whether necessary arrangements are or will be in place. 

Even though a case management or trial judge has been assigned, the conference should be scheduled before the Associate Chief Justice, as they will have the most up-to-date information. 

The conference should be held within two weeks, unless the Associate Chief Justice directs otherwise. This allows for at least two months’ notice to the parties, counsel, witnesses, sheriffs and the public of any date or location changes. 

If it appears that no arrangements will be in place, alternative solutions will be addressed at the case management conference. 

These may include adjourning the trial until suitable arrangements are available, moving the trial to a courthouse, if available, closer to the correctional centre’s location and releasing the accused person from custody.