Judge threatens to free prisoners!

Delay in getting prisoners to court on time agitates judge

A judge has warned that he'll free prisoners on bail if they don't start getting to Kitchener on time for their court appearances.

"People who should be in jail are going to be on the street because the government can't get them to court," Justice James Ramsay said yesterday.

"That's going to happen and it's going to happen soon."

For the last two weeks, prisoners have arrived several hours late from the Maplehurst Detention Centre in Milton each day because of a work-to-rule campaign by jail guards.

Ramsay ordered the superintendent of the jail, Doug Dalgleish, to appear before him yesterday to explain the delays.

He also blasted jail guards — members of Local 234 of the Ontario Public Service Employees Union — and the provincial government for letting the situation drag on this long.

Ramsay said it's unfair, illegal and "every other thing in the book" to deny prisoners their right to appear for scheduled court proceedings.

"You can't just lock someone up and leave them there," he said. "That's not English justice."

Ramsay threatened to throw guards in jail for "deliberately interfering with the administration of justice" and warned some criminal cases might be tossed out because of delays.

Dennis Brown, a lawyer for the Ministry of the Attorney General, also appeared in court.

He said the province applied yesterday to the Ontario Labour Relations Board to have job actions by jail guards declared an "illegal strike" and to get an order forcing them to stop.

"Hopefully, it will be dealt with expeditiously," he said.

Dalgleish said the dispute stems from an agreement between guards and the government on overtime.

During negotiations that led to ratification of a new contract in March, he said, the province said it was planning to withdraw its consent for guards to bank overtime and use it for days off.

When the government followed through after the contract was settled, Dalgleish said, it led to a "groundswell of anger."

Guards have since been refusing overtime and meticulously following procedures for the transportation of prisoners.

Dalgleish said the union characterizes it as "working safe," while administrators consider it "working slow."

"I would say it's a sham," Ramsay shot back.

At least four local judges have voiced concerns about delays gumming up the court system, meaning cases start late or aren't reached at all.

While Ramsay was trying to get answers in Superior Court, Justice Gary Hearn ruled in Ontario Court down the street that the delays amount to contempt.

Deciding on a motion brought before him last week, he found the delays were "deliberate" and showed a "wilful refusal to comply with court orders."

Hearn didn't actually cite anyone for contempt, however, and is expected to deal with the issue again next week.

Despite talking tough, Ramsay also took no direct action. Instead, he put the union and the government on notice that he is running out of patience.

"That sounds likes the Ontario government I know," he said after being told how the province is handling the situation. "In other words, they aren't doing anything about people trampling on the rights of people who have already had their liberty taken away."

Ramsay said nobody seems concerned about the prisoners, whom he described as "mostly drug addicts," but he vowed to do what is necessary to protect their rights.

"I'm proposing to bide my time — but not for long," he said.

Union officials have yet to comment.