News - Stories and Rants
Sunday, 13 September 2015
New Brunswick Justice System needs to be studied!!!!
Charles,
If you need figures to back up the numbers here they are. Also, below is an article quoting Dickson saying the average trial costs 5 - 10K (average trials are half a day so I guess this covers the costs of prosecution).
The salaries of judges, sheriffs and Crown counsel are found at http://www2.gnb.ca/content/dam/gnb/Departments/fin/pdf/OC/PA14Emp.pdf although these are the GNB accounts up to end of 2014. Here are the key ones:
Sebastien Michaud: $100,000 to $124,999 (probably the high end - he has been there a while). He costs more than $500 a day plus gas, mileage, food expenses and has attended.
Provincial Court judge: $200,000 to $224,999 (McLean is new so probably the lower end). He costs over $800 a day plus mileage, gas etc to and from Saint John.
Sheriffs: (not all listed - around $50,000)
Clerical and admin staff are around $36,000 - $60,000 a year, depending on years of service.
The cops - this link is to the City of Fredericton police bi-weekly pay scales for cops http://www.fredericton.ca/en/citygovernment/resources/Police2011-2016SalaryScale.pdf. Matt Myers is on just over $100,000 a year but, with seniority, he may be getting more than the base amount. Lally is on around $88,000 a year. Since police are unionised I assume the Miramichi Detective Constables are on similar salaries to Lally - maybe less because Lally has been there 25 years. The cops cost around $1,400 a day when they are all there - as they have been!
The hearing of 26 August was all day, plus travel and expenses for the judge, sheriff, stenographer, two cops and Crown counsel. Myers was there for half a day. That day cost taxpayers around $3,000 - without taking the travel etc for the judge, prosecutor and two Miramichi cops.
Here is the Irving press article quoting Dickson, sayinig the average trial costs $5,000 - $10,000:
Alleged egg-throwing could cost courts $5,000, warns judge
MIKE LANDRY TELEGRAPH-JOURNAL
Dickson made the statement in a form of a rhetorical question after scheduling the boy to return to court on Aug. 19 to set a trial date.
The boy’s case had been recommended for post-charge diversion, which could lead to a discharge, but such an option would be available only if the boy admitted his guilt. The boy refused to do so, even after Dickson double-checked to confirm the boy’s decision.
The initial charge against the boy was that he caused mischief by interfering with someone else’s property on Feb. 7. However, Dickson said he had“never read such a vague charge in my life.”
“How’s he expected plea to that?” Dickson questioned Crown prosecutor Shara Munn.“If I was asked to plead to that. I would say, ‘Sorry, I don’t understand the charge.’”
Munn apologized for the lack of particulars, noting that she doesn’t see the information before it gets laid before a judge.
Dickson said it was “only reasonable” that the charge specify what the accused is alleged to have done, and she aid Munn had to convince him that the boy understands what he’s accused of.
Munn requested that the information be amended. She specified the location of the property as being on Victoria Street and the mischief to have been the throwing of an egg on the property.
Before accepting the requested amendments, Dickson sought the opinion of duty counsel Margaret Gallagher, who suggested the matter either be set for trial or be withdrawn.
Dickson asked Munn if she was prepared to withdraw the charge, but she wasn’t, and the charge was amended. The boy maintained his not guilty plea.
But Dickson still had difficulty with the Crown’s decision to take an alleged egging incident to trial.
“Isn’t there a maxim that the law doesn’t trifle with such things?” asked Dickson before reciting the latin maxim de minimis non curat lex.
“I think it’s a culmination of a number of complaints,” said Munn. “It’s probably why it was recommended for post-charge diversion.”
“But if he didn’t do it, he didn’t do it,” Dickson countered.
The judge then continued on, saying the average trial in New Brunswick costs between $5,000 and $10,000.
“But if that’s what the Crown wants, that’s their right,”said Dickson.
Throughout the back-and-forth between Dickson and Munn, the boy, no more than five feet tall, twiddled with the lectern.
Munn, who’s not a regular prosecutor in the Saint John office, said she would return the file to a Saint John Crown prosecutor for it to be reviewed before the boy’s scheduled August return date.
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