Provincial courts forced to close due to ‘chronic’ sheriff shortage: BC Trial Lawyers Assoc.

Two provincial courts in Vancouver were forced to close Thursday due to a shortage of sheriffs. 

Five courtrooms were reportedly closed for the day at the Vancouver Provincial Court of British Columbia, and three additional courtrooms were closed in Coquitlam.

Michael Elliot, president of the Trial Lawyers Association of B.C., says the closures may have halted the court proceedings of both a sexual assault case and an extortion case.

Elliot says sheriff shortages have a significant impact on the legal system.

“To give you one example, a first-degree murder case was set for trial, scheduled to start on the 27th of May. However, when the lawyer showed up on the first day of trial, they found that they did not have a sheriff available, and the trial couldn’t proceed that day,” said Elliot. 

“Now, thankfully, they’d reached a last-minute plea deal the morning before the trial was scheduled to start, but had they not been able to reach this deal, the shortage of sheriffs would have derailed a three-week first-degree murder trial.”

He said falling off schedule matters because it broadly undermines the constitutional right to a trial within a reasonable amount of time and denies victims and their families “timely justice.”

“But this is really important in the context of what’s called the Jordan decision, which is a Supreme Court of Canada case that says that an accused must have a trial within 18 months after being charged with a crime. If they’re not, the charges are stayed, meaning that person goes free without a trial,” said Elliot.

Elliot says it’s important to note what separates sheriffs from other law enforcement in the province.

Deputy sheriffs, Elliot says, are a law enforcement agency separate and distinct from any of the other law enforcement agencies, such as police and corrections officers. 

B.C. currently has roughly 550 deputy sheriffs with a unique responsibility within the legal system. 

Elliot says that responsibility includes protecting judges and court officials, transporting accused persons in custody, prison escorts, executing certain kinds of arrest warrants, and otherwise maintaining the safety of the province’s courts. 

“Without them, court matters cannot proceed.”

He added that Thursday’s have not been the first closures, calling it a “chronic problem” for the province.

“In July of 2023, the Attorney General of BC, Niki Sharma, and the NDP government responded — and they had to respond — to an internal report that was commissioned in response to what was a chronic shortage of sheriffs that led to, at that time, at least 86 court appearances being cancelled or delayed in the first half of 2023 alone. That report found that the government’s inability to attract and retain sheriffs had led to chronic understaffing, and sheriffs reported being forced to cut corners to keep the courts running,” said Elliot.

He identified the primary issues as “management” and “pay,” saying that the same report showed many sheriffs were forced to keep a second job to make ends meet.

“Most focus groups estimated that 40 per cent to 50 per cent of sheriffs have a second job,” said the 2023 report.

It continued, “The impact of this, however, is that employees end up working on evenings and weekends, leading to burnout. This negatively affects their personal well-being and their performance at work. Supervisors noted that employees with second jobs are more likely to appear tired at work, have less flexibility to take certain shifts, and tend to take more sick leave.”

Elliot claims the shortage is caused by an unfairly underfunded provincial legal system.

“[The province has] ballooned the size of ICBC and the number of adjusters working for that Crown Corporation, yet they seemingly ignored the sheriff shortage, which is now causing serious and dangerous issues to the administration of justice,” said Elliot.

He says the Trial Lawyers Association of BC has urged the provincial government to prioritize the recruitment, training, and “proper” pay of sheriffs.

CityNews has reached out to the provincial government and the BC Sheriffs Service for comment.

—With files from Maria Vinca and Cole Schisler.