The judge at the helm of Manitoba’s Court of King’s Bench says the province ought to be ashamed of an outdated electronic filing system he says is leading to lawsuits not being resolved as quickly as they should be.
Chief Justice Glenn Joyal said while there have been “transformative changes” to the areas of criminal, family, civil and child protection law that have made the province’s courts more efficient, there is still room for improvement in some foundational aspects of the judicial system — including in its adoption of new technologies.
Under Joyal’s watch, the Court of King’s Bench introduced the “one judge model” for civil proceedings as a way to make cases move more efficiently.
During an interview with CBC Manitoba’s Information Radio host Marcy Markusa, Joyal said the court is currently offering trial dates for civil cases within 18 to 24 months from pre-trial, with the rest of the country “rife with civil delays.”
While he’s proud of what he says are minimal backlogs, Joyal said some matters are still not being resolved fast enough — and that it is costing clients money.
“The civil litigators in this province can’t believe that we’re not, at some point, going to have a more sophisticated form of e-filing,” Joyal said.
“I’m happy to compare ourselves favourably with other provinces [but] in this realm, it’s shameful. We compare very badly.”
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An attorney general report on the efficiency of provincial courts, published last year, found that progress on an integrated case management system — which would provide services like e-filing across all courts and is still set to take several years — has been slow.
Joyal said that the e-filing system is it stands is “not worth its weight.”
A matter of accessibility
Brandon Trask, an assistant professor at the University of Manitoba’s law faculty, said that the issue of streamlining court proceedings ultimately boils down to access to justice.
“The more complicated and time-consuming that court processes are — actually, something like filing documents, which should be quite straightforward — the less accessible the courts are,” he said.
Trask added that corporations are increasingly moving toward contracts with dispute resolution clauses meant to bypass the courts, making the matter of accessibility in civic proceedings all the more important.
Recently, Winnipeg-based Skip the Dishes tried to enforce a clause in its agreement with drivers that employment disputes must be handled through arbitration instead of the courts, though that argument was ultimately shot down by the Supreme Court.
“People need to be able to turn to the courts to provide justice,” Trask said. “If the courts essentially end up having very complicated processes that prevent people from [using them] … we risk the law freezing in place.”
Joyal also said increased funding for court clerks, the registry, sheriff’s offices and forensic examinations, would go a long way toward making the overall system more efficient.
“There’s no shortage of things that need to be improved,” he said, adding that the province doesn’t necessarily need to appoint more judges.
The Manitoba Bar Association said in a statement they support the chief justice’s comments and that delays and deficiencies due to inadequate funding “threaten the fundamental rights of Manitobans.”
“Investment in the administration of justice is a commitment to maintaining a fair, accessible, and responsive judicial system,” the statement said, including funding for an e-filing system, non-personal appearances, and adequate staffing.
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