LEGISLATIVE ASSEMBLY OF MANITOBA Monday, January 8, 1990. The House met at 1:30 p.m. of agreement on trial issues and thereby reducing the number of procedural disputes in court. Provincial Court PRAYERS staff and provincial judges ensured that courtrooms and court staff were used to maximum efficiency. ROUTINE PROCEEDINGS * (1335) TABLING OF REPORTS I want to express personal appreciation for the work Hon. Gerrie Hammond (Minister of Labour): am of all those who contributed to the success of this pleased to table the Annual Report 1988-89 of the challenging work and this challenging task. I am Manitoba Labour Board. confident the factors that helped eliminate the backlog will help us to refine our case management system MINISTERIAL STATEMENTS further and also enhance the high level of service of our courts to all Manitobans. Hon. James Mccrae (Minister of Justice and Attorney General): Mr. Speaker, I have a statement to make Mr. Paul Edwards (St. James): Mr. Speaker, it is with to the House. pleasure that I respond to the statement by the Minister today with respect to the court backlog. After 12 months I am very pleased to inform this House that the of suggestions from this side and three false starts, a backlog of cases in Provincial Court in Winnipeg has plan was finally put into place and that plan appears been eliminated. to have yielded results. To underline the degree of achievement for I am sad to say that unfortunately the court backlog Honourable Members, I can say that the majority of in St. Boniface still persists notably. We are looking cases making first appearance in court this week will forward to the Minister, after years of problems in St. come up for trial any time between March 1 and May Boniface and indeed a continued problem, coming to 30. grips with the reality of French language services in our courts and the absolute right of people to be tried This means that we are now scheduling trials for in French in the St. Boniface Courts, indeed the courts earlier this year than we were able to do last May, when ali across this province. the first steps to eliminate the backlog were taken. In addition, I might add in specific reference to the This is a vast improvement from last year when the Minister's statement that the trial dates are being set time between the laying of charges and the trial date now within reasonable periods of time. It is essential, could be anywhere from 12 to 14 months. and I simply bring to the Minister's attention that the In order to eliminate the backlog, two factors were trials be ready to go forward at the trial date. One of required, and I am proud to inform Honourable the problems which unfortunately has occurred is that Members that both were present. First, we needed a particulars have not been forwarded in sufficient time structure and procedures to manage and track cases to in fact use that trial date. If Crown attorneys do not have sufficient support staff or indeed sufficient from the moment of generation to trial. This was numbers amongst themselves to provide particulars to accomplished first through the reorganization of the defence counsel, those trial dates cannot be used and Public Prosecutions Division and shortly thereafter by the whole thing becomes indeed a facade. That I do development and introduction of the necessary not believe is the case as yet. It is a problem which procedures. They will go a long way toward ensuring has arisen. I look forward to the Minister of Justice that the backlog does not recur. (Mr. Mccrae) addressing that problem in concert with Second but no less important was the willingness of the achievements which have already been gained. Crown attorneys, Crown assistants, their support staff In conclusion, I might say that it is certainly in the and staff of Provincial Court to put in enormous extra interests of all Manitobans to have speedy trials, both effort to attack the backlog. the public at large and obviously the accused. Thank Among the main administrative tasks were examining you. and setting trial priorities for cases, scheduling trials and ensuring maximum use of courtrooms and most Mr. Gary Doer (Leader of the Second Opposition): efficient use of courtrooms and most efficient use of It is an honour to rise on the statement of the staff. Honourable Minister today. Often this Chamber is typified by negative comments and I want to say to I am also proud to report that over the past several the Attorney General that we appreciate the statement months our Crown attorneys have gone far beyond the of his department today and the co-operation from the call of duty in reviewing thousands of cases, discussing chief of the Provincial Court judges, which I think was with defence lawyers and eliminating cases that were an excellent appointment and I said so at the time, resolvable without trials. The case reviews with defence and the work of Crown attorneys and defence lawyers lawyers helped speed up trials by increasing the degree to work on the backlog within our system. 4080 Monday, January 8, 1990 I also want to say that the appointment made by the the public auction, while the Acting Minister of Urban Government over the Christmas week of Graeme Affairs said only two or three days ago that the North Garson I thought was an excellent appointment and I Portage Development Corporation does not have the want to say that for the record as well. authority or the funds to do so, a sentiment that was echoed just the other day by the federal Minister Mr. Speaker, the key to expediting court procedures responsible. in time for trials is less crime. We are pleased that the numbers are dropping, but we would note even as we * ( 1340) speak today about reducing crime in our streets that there are groups such as Block Parents that are in a My question is very simple to the Minister: how does very critical situation. We hope the Minister of Justice he explain these contradictory statements? (Mr. Mccrae) is looking at those needed volunteers that have been established and are working in our Hon. Jim Ernst (Minister of Industry, Trade and communities across the province to prevent crime and To uris m): I can tell my honourable friend from Fort to work with community-based groups in our social Rouge that I did not say they did not have the authority. and economic fibre in this province. I said I was not aware of the ins and outs of the agreement between the North Portage Development I also want to note, Mr. Speaker, that the Government Corporation and the three levels of Government, the did promise to have an expedited procedure for intimate details. I did say, however, I thought it was prosecutions for persons alleged to be committing somewhat unique if that corporation were to go and crimes of violence. I have not yet seen in 19 or 20 months any announcement for what I believe to be one buy out the first mortgage held by MHRC. of the top priorities in our criminal justice system. There Mr. Speaker, I also indicated that the Minister of are those persons alleged to have committed violent Housing (Mr. Ducharme) would return to the city tonight crimes against persons, and I would ask the Attorney and that he would be available to discuss that matter General (Mr. Mccrae) to take action in that regard rather with the North Portage Development Corporation. than just coming out with these announcements which I would agree are positive for all Manitobans. Mr. Carr: My question is to the Acting Minister: who will make the decision? Will the decision about whether ORAL QUESTION PERIOD to throw new public dollars after this failed project be Village at Portage Place made by the board of directors appointed by three levels of Government or made by the politicians Public Auction themselves who ultimately must be accountable for the expenditure of public funds? Who will make the Mr. James Carr (Fort Rouge): My question is to the decision, this Government or the appointed Premier (Mr. Filmon). For the last number of months, bureaucrats? the Liberal Party has been ringing alarm bells about the lack of accountability and direction of the two major downtown revitalization corporations. In the past week, Mr. Ernst: Mr. Speaker, I will take that question as Manitobans have seen ample evidence from both the notice on behalf of the Minister. North Portage Development Corporation's attempt to preserve one monument and The Forks Renewal Mortgage Documentation Request Corporation's decision to create another. Mr. James Carr (Fort Rouge): Mr. Speaker, just to My question is to the Premier. Will he tell us if there remind the Minister, the clock is ticking because the have been any discussions by himself or any of his public auction is scheduled for January 24. The Ministers about stopping the public auction to sell the president of the North Portage Development village at Portage Place? Corporation has said publicly that the deal between the corporation and the developer includes land rent Hon. Gary Filmon (Premier): Mr. Speaker, I can first only as long as the corporation holds the mortgage. thank the Member for his question and tell him that If it goes to public auction, they may lose the mortgage, I have been absent from the city for a week, and I am therefore, 75 years of land rent. Will the Minister or not aware of any discussions that have taken place.