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Contempt of Court

Judges usually talk about “contempt of Court” when someone disobeys a court order, or is offensive in the courtroom itself.  Contempt of Court refers to treating the judicial system itself with disrespect.  It’s an important thing: If no one respects the Court, then we live in chaos.  Tell a judge to get stuffed – go to jail.  Vandalize the courtroom, let loose a bagful of rats, lice, bedbugs in a courthouse – go to jail.  Nail shut the doors of the courtroom – it’s contempt.

Our federal and provincial governments commit contempt every day.  We have 109 Supreme Court justices currently assisted by 12 Masters (sort of a half-judge).  Of the 109 judges, 21 are part-time.  That’s because our Supreme Court Act only allows for 88 Justices total.  It’s been the same since at least 1995.  Since then, BC’s population has increased by 20% — so we should have at least 105 full-time judges.  As well, cases have become more complex.  What in 1995 was a five-day trial might now be 10 days because of developing science – and thus the need for more expert witnesses.  We probably need about 150 full-time judges, just to be at 1995 levels.  Delays in the system due to over-burdened judges are scandalous.  On average it now takes 32 TIMES the length of the trial for a judge to issue his decision.  So, 10-day trial – a year to get the judgment.

The reason is money.  Appointing a new Supreme Court Justice is expensive.  The Judge is paid $284,000/yr.  Add pension and extended health, etc. – that comes to about $500,000.  Add staff – maybe $40,000/yr.  Add that each judge while sitting in court needs a court clerk and a Sherriff – maybe $60,000/yr.  Add parking space, office space, stationary supplies, office equipment, computers, cleaning, etc.  Call it $700,000/yr.

The government is so contemptuous of the Court, it neglects basic maintenance.  Those chairs the lawyers and judges sit in?  Most have never been cleaned.  Light bulbs don’t get replaced.  A recent tour of New Westminster Courthouse showed about 40 ceiling lights burnt out – for weeks.  Door frames are bent.  Chair legs are broken.  There’s no soap in the washrooms.  The ceilings and windows leak in the rain.  Courthouses are infested with rats, mice, lice, fleas and bedbugs.  Court staff have been cut back – most now having to do two jobs, with no increase in pay.  Sherriffs have been cut back so there are not enough to do more than patrol the halls.

Even the law books provided to Justices are out of date.  Every lawyer in BC who attends court uses a text: The British Columbia Annual Practice.  In one volume it contains the procedural rules of the Supreme Court and Court of Appeal, plus the most commonly-used statutes.  The procedural rules are annotated with court decisions interpreting them.  I use mine every day, and have modded it to add tabs.  It’s about $75/copy.  Our government refuses to pay for these.  Instead, our Justices are forced to accept out of date copies – presumably bought cheaply on the used market.  So, the people whose job it is to pronounce on the law, are deliberately denied access to current materials.

Talk about contempt.  Thank you, Stephen Harper.  Thank you, Christy Clark.