THUNDER BAY — As the Thunder Bay District Jail’s heating issues remain unresolved, local defence lawyers are experiencing difficulty connecting with clients and also seeing delays in the courtroom.
When the jail’s boiler system failed in late November, inmates were sent to other institutions across Ontario and some even were taken to Winnipeg.
“It’s caused issues with getting phone meetings, video meetings, and, of course, seeing your client in person,” said Brooke Rogers, an executive member of the Thunder Bay Law Association and a criminal defence lawyer in the city.
Rogers said not all correctional institutions will abide by a judge’s orders to have an individual appear in court in person.
“What routinely happens is trials are getting delayed, pleas are getting delayed, bail is getting delayed,” she said.
Not all institutions have Zoom or teleconference capabilities for lawyers to discuss cases remotely and even when it is available, Rogers said trying to review disclosure with a client by phone or video is challenging.
“The first issue is privacy,” said Rogers. “We’re often hearing people in the background. Obviously, you want to have privacy to review with your client. In addition to that, a lot of accused people face challenges which don’t allow them to do well by phone or by video. It’s often best to get instructions in person, especially if you need written instructions.”
“That absolutely poses a challenge,” she added.
Inmates who were taken to facilities outside of the city have also been removed from their families and their support systems. They’re being transported back and forth between institutions with drives as long as 15 hours for individuals being held in southern Ontario.
“It's been really tough on them and they have rights to meet with their counsel in person and rights to attend court in person,” said Rogers.
In December, a temporary heating system was put in place at the Thunder Bay District Jail and 50 inmates were returned. When the initial evacuation took place there were more than 180 inmates at the jail.
Ontario Public Service Employees' Union Local 737 president Anthony Rojik represents correctional staff at the Thunder Bay District Jail and he said on Tuesday they were currently housing 50 to 70 inmates.
"These inmates are classified as maximum security inmates who are not compatible with housing security level of the Thunder Bay Correctional Centre or they are required to appear at the courthouse in person," Rojik said. "We will maintain these housing numbers until the repair is made. It's a manageable number to evacuate if needed within a few hours if the system was to fail while the work is being completed."
As of Tuesday afternoon, the Thunder Bay Correctional Centre was housing 60 inmates who had been evacuated from the district jail.
Earlier this month, a spokesperson for the Ministry of the Solicitor General told Newswatch a temporary repair had been completed while a permanent solution is evaluated.
“Inmates who were transferred to facilities outside Thunder Bay will not return until a permanent solution has been implemented,” they said.
