Courts of Sharbot Lake – Revisited

Mar 18, 2010

By Susan Irwin, Executive Director / Lawyer, Rural Legal Services

The Legal Clinic in Sharbot Lake has been producing a “Legalese” column for more than 20 years. For one reason or another, we sometimes find ourselves looking at our old columns and when we do, it’s interesting to see how the law and the legal services available to our Community have changed. However, it is also disappointing to see how some needs continue to be ignored.

Even the best justice system is of little importance if it cannot be accessed by all our citizens, and not just by those who live in large urban centres, or those who can afford the time and expense to travel to those centres. Many problems end up before the Courts, and whether they deal with civil, family, provincial offences, or criminal matters, those Courts are an essential part of our justice system.

In July, 1990, we looked at the Court services that were available in Sharbot Lake. The Criminal Court services have not changed – the Court still sits once a month at the Soldier’s Memorial Hall in Sharbot Lake. The Ontario Legal Aid Plan (LAO) still provides “Duty Counsel”, a lawyer who will advise people and speak to the Court on their behalf on some matters, all without charge. The Duty Counsel will not act in a trial.

The Provincial Offences Court also still sits at the hall, dealing with matters ranging from speeding to hunting and fishing charges, and even the occasional municipal by-law offence. In 1990, though, business must have been brisker because the Court, according to the column, was held every second Wednesday. It now sits once every two months. Duty Counsel is not provided by LAO for this Court but a lawyer from the Clinic still usually attends to advise people wanting assistance and to speak to matters on their behalf without charge.

The Court that is missing today is the Small Claims Court. Not only did the Court sit twice a year, but we also had a local Small Claims Court office and Clerk in the early 1990s. At the time, the Court could only handle matters involving non-real estate disputes of up to $1,000.00. Lawyers were seldom needed as the Court was intended to allow minor matters to be settled with as little emphasis on technicalities as possible. The Court office was later closed and the sittings moved to Kingston. Since 1990 the Small Claims Court has undergone many legislative changes including the introduction of more procedural rules as well as an increase in the monetary jurisdiction to $25,000.00.

The other Court that is missing is one that has never been held in Sharbot Lake and that is the Family Court. As was pointed out in the Legalese of July 24th, 1990:

“It is sad indeed that the government seems to feel that it is more important to provide a place to argue over impaired driving charges, speeding tickets and small debts, than to provide a local Court to deal with support, custody and access, and requests for Restraining Orders to keep a violent, or potentially violent, spouse away.

If a husband batters his wife, the charge of assault against him will be dealt with right here in North Frontenac. The wife, however, often with small children in tow, must face the prospect of numerous trips to Kingston before she can obtain some justice in the form of an Order keeping the batterer away from the home and giving her custody of the children and some support payments.”

Two things have changed since these comments were published: debts can no longer be argued over in a local Small Claims Court and domestic assaults are now dealt with at a special Court held in Kingston.

Given increasing urbanization rates and a trend towards the regional delivery of government services, it’s unlikely that we shall see more sittings of any Court in Sharbot Lake. The problem identified in 1990 remains though, in that access to family law services, and the Family Courts, is still exclusively based in urban locations, such as Kingston, with all the associated problems that can create for rural families in crisis.

We do try to provide some help in the area of Family Law, and do work closely with Family Law Duty Counsel in Kingston and the Family Law Information Centre on occasion, but access to resources in this area of the law remains a problem for our community. 

Legalese is a column of general information and opinion on legal topics by the lawyers of Rural Legal Services, Box 359, Sharbot Lake, ON, K0H2P0, 613-279-3252, or 1-888-777-8916. This column is not intended to provide legal advice. You should contact a lawyer to determine your legal rights and obligations.