Post by litigator on May 11, 2007 11:44:46 GMT -5
Below is a letter that I sent to the Attorney General protesting the high cost of justice in this province. Readers are welcome to cut and paste sections to use in their own complaints to the Attorney General. Everyone should be writing and complaining about justice being only for the rich in Ontario.
May 10, 2007
Corey
North York, Ontario
Mr. Michael Bryant, Attorney General of Ontario
McMurtry-Scott Building
720 Bay Street, 11th Floor
Toronto, ON
M5G 2K1
Tel: (416) 326-2220
Fax: (416) 326-4007
Dear Minister,
RE: Unaffordable and inaccessible Justice for families / Outrageous cost to obtain official court transcripts.
I would like to file an official complaint regarding the extremely high cost of services preventing justice from being affordable and accessible to my family and to the other citizens of this province.
On April 25, 2007, I attended the transcript order desk at the 47 Sheppard Ave E courthouse and requested the transcripts from my trial for the purposes of an appeal. I was informed by the attendant that the court reporter would contact me to provide an estimate of cost and that I would be required to leave a deposit after receiving the estimate. The court reporter Mr. Dan Lockwood contacted me via telephone on April 30, 2007 to provide me with his estimate of roughly $360 for 4 copies of a 70 page transcript at $4.85 per page. He also said that a deposit was not allowed and that the entire amount had to be paid in advance.
With prices like those mentioned above justice is not accessible or affordable for my family. I am an indigent litigant, unemployed and appearing without a lawyer because Legal Aid Ontario has completely failed my family when we needed them most, I have a special needs child at home and I simply cannot afford to incur extraordinary costs like those mentioned above in order to pursue justice for my family.
Mr. Lockwood indicated in our telephone conversation that I am required to pay the full amount upfront before he will begin work on these materials. In effect, Mr. Lockwood has told me that I can not obtain the materials necessary to pursue justice unless I can come up with the full fees in advance of him doing his work.
It was further indicated by Mr. Lockwood that it would take 90 days to prepare the materials I had requested, so not only will it cost me a significant amount of money which I am required to pay for in advance, but there will be a 3 month delay in receiving the materials.
Putting barriers to justice for those who are financially disadvantaged is bad enough. The fact that this court reporter would ask for full fees in advance adds further insult. To then tell citizens that it will take three months to get transcripts in addition to advance payment is outrageous. I cannot think of any private sector business that requires customers to pay three months in advance for delivery of goods or services which involve paper.
I have spoken to some private sector court reporting services and they have told me that they can provide transcripts within just a few days. Why does it take so long for court reporters working for the courts to provide services which the private sector appears to be able to provide in a fraction of the time? Perhaps it is about time for the courts to get out of the court transcription business and allow citizens to bring in their own private court reporters who appear to be able to provide services quicker and cheaper.
I would go so further as to suggest that it is about time for the courts to move out of the dark ages and have court proceedings on video recording with parties being able to obtain copies of the video the same or next day. Using video would put an end to these outrageous delays to obtain justice as well as the associated costs of written transcripts. Why pay people to write words on paper when the actual audio or video recording could simply be copies electronically.
A number of persons I spoke to around the court have indicated that there are rumors of transcript tampering and that is one of the reasons why it takes so long for transcripts to come out of the court. Rumor has it that the transcripts are carefully screened by the judges with segments removed which may show judicial impropriety. Videotaping proceedings and providing copies of the tapes would help to put an end to these rumors of tampering which even some court staff seem not to dispute. In this day and age of electronics we should not need court reporters acting as gatekeepers to records of proceedings in court. Audio and/or video recording would significantly reduce the chances of tampering and significantly improve transparency and accountability in the court system which this government has said is one of its goals.
One additional issue I would like to raise is that in your reply dated December 01, 2006 to my previous correspondence of September 4 and 5 2006 regarding misleading signage posted in the Ontario courthouses, you indicated that the Ministry will immediately begin consultations on the recommendations of the Panel on Justice and the Media relating to section 136 of the Courts of Justice act and the use of tape recorders in the court. Could you please tell me what steps have been taken by the Ministry subsequent to December 01, 2006 to implement the recommendations of the Panel on Justice and the Media?
I have heard that litigants are still being denied their rights under law to record their own court hearings by Judges and that objections to recording are being made by lawyers with the Office of the Children’s Lawyer.
It’s about time that the Government of Ontario made REAL justice affordable to the people of Ontario instead of impoverishing children and families as it is doing now! Start taking steps to bring in video recording equipment into our family courts NOW which will speed up the administration of justice and make it more affordable to the people of Ontario.
Please provide me with your personal reply to my concerns mentioned above.
Sincerely,
Corey
May 10, 2007
Corey
North York, Ontario
Mr. Michael Bryant, Attorney General of Ontario
McMurtry-Scott Building
720 Bay Street, 11th Floor
Toronto, ON
M5G 2K1
Tel: (416) 326-2220
Fax: (416) 326-4007
Dear Minister,
RE: Unaffordable and inaccessible Justice for families / Outrageous cost to obtain official court transcripts.
I would like to file an official complaint regarding the extremely high cost of services preventing justice from being affordable and accessible to my family and to the other citizens of this province.
On April 25, 2007, I attended the transcript order desk at the 47 Sheppard Ave E courthouse and requested the transcripts from my trial for the purposes of an appeal. I was informed by the attendant that the court reporter would contact me to provide an estimate of cost and that I would be required to leave a deposit after receiving the estimate. The court reporter Mr. Dan Lockwood contacted me via telephone on April 30, 2007 to provide me with his estimate of roughly $360 for 4 copies of a 70 page transcript at $4.85 per page. He also said that a deposit was not allowed and that the entire amount had to be paid in advance.
With prices like those mentioned above justice is not accessible or affordable for my family. I am an indigent litigant, unemployed and appearing without a lawyer because Legal Aid Ontario has completely failed my family when we needed them most, I have a special needs child at home and I simply cannot afford to incur extraordinary costs like those mentioned above in order to pursue justice for my family.
Mr. Lockwood indicated in our telephone conversation that I am required to pay the full amount upfront before he will begin work on these materials. In effect, Mr. Lockwood has told me that I can not obtain the materials necessary to pursue justice unless I can come up with the full fees in advance of him doing his work.
It was further indicated by Mr. Lockwood that it would take 90 days to prepare the materials I had requested, so not only will it cost me a significant amount of money which I am required to pay for in advance, but there will be a 3 month delay in receiving the materials.
Putting barriers to justice for those who are financially disadvantaged is bad enough. The fact that this court reporter would ask for full fees in advance adds further insult. To then tell citizens that it will take three months to get transcripts in addition to advance payment is outrageous. I cannot think of any private sector business that requires customers to pay three months in advance for delivery of goods or services which involve paper.
I have spoken to some private sector court reporting services and they have told me that they can provide transcripts within just a few days. Why does it take so long for court reporters working for the courts to provide services which the private sector appears to be able to provide in a fraction of the time? Perhaps it is about time for the courts to get out of the court transcription business and allow citizens to bring in their own private court reporters who appear to be able to provide services quicker and cheaper.
I would go so further as to suggest that it is about time for the courts to move out of the dark ages and have court proceedings on video recording with parties being able to obtain copies of the video the same or next day. Using video would put an end to these outrageous delays to obtain justice as well as the associated costs of written transcripts. Why pay people to write words on paper when the actual audio or video recording could simply be copies electronically.
A number of persons I spoke to around the court have indicated that there are rumors of transcript tampering and that is one of the reasons why it takes so long for transcripts to come out of the court. Rumor has it that the transcripts are carefully screened by the judges with segments removed which may show judicial impropriety. Videotaping proceedings and providing copies of the tapes would help to put an end to these rumors of tampering which even some court staff seem not to dispute. In this day and age of electronics we should not need court reporters acting as gatekeepers to records of proceedings in court. Audio and/or video recording would significantly reduce the chances of tampering and significantly improve transparency and accountability in the court system which this government has said is one of its goals.
One additional issue I would like to raise is that in your reply dated December 01, 2006 to my previous correspondence of September 4 and 5 2006 regarding misleading signage posted in the Ontario courthouses, you indicated that the Ministry will immediately begin consultations on the recommendations of the Panel on Justice and the Media relating to section 136 of the Courts of Justice act and the use of tape recorders in the court. Could you please tell me what steps have been taken by the Ministry subsequent to December 01, 2006 to implement the recommendations of the Panel on Justice and the Media?
I have heard that litigants are still being denied their rights under law to record their own court hearings by Judges and that objections to recording are being made by lawyers with the Office of the Children’s Lawyer.
It’s about time that the Government of Ontario made REAL justice affordable to the people of Ontario instead of impoverishing children and families as it is doing now! Start taking steps to bring in video recording equipment into our family courts NOW which will speed up the administration of justice and make it more affordable to the people of Ontario.
Please provide me with your personal reply to my concerns mentioned above.
Sincerely,
Corey