Chief Justice Derek Green points out need to make courts more accessible to all people

He didn't waste much time. The kudos and congratulations were still hanging in the air when this province's new top judge took aim at a growing problem in the justice system.

Chief Justice Derek Green had just been officially appointed head of the Newfoundland and Labrador Supreme Court of Appeal at a ceremony at Newfoundland Supreme Court in St. John's Tuesday morning.

In a packed courtroom with a captive audience - which included Justice Minister Tom Marshall, several Supreme and provincial court judges, lawyers and administrators - Green took the opportunity to point out the need to streamline court procedure and make it easier for all citizens to get legal help.

"I think we can do a better job making our courts more available to all people in this province," Green said in his address.

"Providing access (to the courts) for all people is still a problem in the 21st century."

Green said there are still problems with people who come to court unrepresented and who lack knowledge of the system.

It's a complicated system, he said, and it's time to simplify things.

"Our system is constructed around rules and procedures and they can become very complex," Green later told The Telegram. "When there's complexity, it's difficult for people, especially for those appearing in court without lawyers, to understand what's going on.

"The complexity, itself, means there's added cost. People have to follow these procedures and every time they come into court, there's additional costs. I think the courts have to be concerned about that and try to make things simple.

"You have to make sure there's rules, but by the same token, we have to make sure the rules don't take over."

Green pointed out there's a growing group of people who fall through the cracks.

"The court system is accessible to people who have means and who don't have means because they qualify for Legal Aid," he said, "but there's a growing group in the middle who don't have the resources necessary.

"But even in cases where people have lawyers, courts must have a more simplified procedure."

He said it's important to improve these areas so the public can "maintain trust in our system."

To accomplish this, he said, all sides have to be on board, including government, which can help provide the necessary resources.

"It's hard to argue that the courts need money instead of hospitals and schools, but we have to recognize that at some point, the courts have got to continue to function," Green said.

"If we deprive it of funds for too long because we're meeting other important priorities, there'll come a point when the courts can't function properly.

"I know the minister of Justice is very committed to this."

Aware of concerns

Marshall said he's aware of the court's concerns about accessing justice and he's working on addressing them.

"Access to justice is so important. I've always said what's the point of having the greatest legal system in the world if a substantial number of the public can't get access to that system? That's why Legal Aid is so important," Marshall said following the ceremony.

"And I know there are a lot of people in the court system who are representing themselves. If they are, then we have to ensure that there's help given to them to help them present their case quicker, because they're tying up a very valuable resource.

"I'd like to see these people have more tools and that's something that government will have to look at."

Marshall said he and Green have been in discussions about developing legal help centres in this province and they plan to visit other provinces to research how they work.

rgillingham@thetelegram.com