Task Force on Courthouse Facilities Survey Report CARLETON COUNTY Group 3

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TABLE OF CONTENTS CARLETON COUNTY

SUMMARY: SUMMARY: ................................................................ ................................................................... ................................... 2

OTTAWA COURTHOUSE

SUMMARY: SUMMARY: ................................................................ ................................................................... ................................... 3 REPORT: ................................................................ ....................................................................... ....................................... 4

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Law Society of Upper Canada Courthouse Task Force Survey Report Carleton County

County or District: Carleton Superior Court of Justice, Ontario Court of Justice and Registry/Land Titles Offices 161 Elgin Street, Ottawa, Ontario Reported on by:

Karen MacLaurin

Collaborating Parties:

Sally Burks Ken Hall Mary Young Pierre Champagne

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Law Society of Upper Canada Courthouse Task Force Survey Report Carleton County

County or District:

Carleton

Summary: One completed survey questionnaire was received from Carleton County, providing details on one courthouse (Ottawa). Carleton County is approximately 2,952 square kilometers. The site of the courthouse is described as “very well” suited to the needs of the local population. “Encroachment on the use of the facility for the administration of justice by other government or private users” is perceived as a problem. Ottawa Courthouse Problems are described as arising from poor building maintenance and concerns regarding the appropriate use of office space in the facility. Deficient air conditioning/heating systems are contributing to poor air circulation throughout the courthouse. The courthouse requires private interview/meeting space for lawyers and increased security in some areas. There is also a need for additional office space for Crowns, duty counsel and court reporters. There are health and safety issues associated with this facility. “We have identified some serious defects in the courthouse – particularly relating to the air quality. There appear to be resulting health issues involved.” Both courthouse staff and members of the law association have reported breathing problems believed to be associated with the air quality, particularly on the fourth floor. With respect to future needs, this facility would require minor renovations and an improvement in general maintenance to meet the needs of Carleton County.

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Law Society of Upper Canada Courthouse Task Force Survey Report Carleton County

County or District: Level of Court: Courthouse Address:

Carleton Superior Court of Justice and Ontario of Justice 161 Elgin Street, Ottawa

Summary: The courthouse is in excellent general repair. Interior facilities are poorly maintained and general cleaning levels are deficient. The existing courthouse facility is adequate to meet current needs. “The Ottawa Courthouse, completed in 1986, is a wonderful facility by comparison to others in the Province.” With respect to offices and facilities, this courthouse requires additional office space for court staff and additional space for lawyers to conduct private client/witness interviews. A general problem with the current use of the facilities is the encroachment on courthouse space and facilities. There are unrelated government departments who lease offices in the building. It is suggested by the respondent that when these leases expire, priority should be given to services such as legal aid and space for client/lawyer interviews. Storage rooms are currently being used as offices to compensate for the lack of available space. One specific problem with respect to the facility relates to security in the building. There are a number of areas in need of enhanced security measures, such as card access systems and panic buttons. There will soon be a Security Committee in cooperation with the police and, in addition, the judges are issuing their own security report.

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Law Society of Upper Canada Courthouse Task Force Survey Report Carleton County

Report: 1. Use of this Courthouse The courthouse is used for criminal, family, civil matters, registry/land titles and small claims. There are no user statistics available. 2. External Features and Repairs The courthouse is not a historical/heritage building and is in excellent repair. Internal aspects of the building used by the public (excluding courtrooms and washroom facilities) are in adequate repair but housekeeping is poor. 3. Ownership and Control The building is owned by Management Board Secretariat and operated by the Ontario Realty Corporation. There is a reasonable relationship between the Ontario Realty Corporation and the lawyer users of the facility. The building is not subject to a lease, although there are internal leasing arrangements between government departments. Lease payments are $15.36 a square foot and there is 262,415 square feet available for rent in the facility. Some areas in the facility are not suitable to rent. The building has not been renovated in any substantial way in the last ten years. There is $500,000 spent on upgrades, maintenance and ongoing projects every year. No renovations are underway or planned for the next two years. There is a user committee for the facility and the local law association is a member. Some users feel this committee has been somewhat effective in addressing needs associated with this courthouse while others feel it has been ineffective. Issues involving encroachment on the use of the facility for the administration of justice include: • There have been repeated attempts to expropriate local law association space, i.e. the library and the lounge; • Courthouse space is not always used to house relevant government departments or agencies, and there is a concern that, in future, “unrelated ones” may occupy it. The top four issues related to the facility were described as follows: • There is a problem with the air conditioning/heating system causing “bad air” in the building; • There is concern with respect to security in the courthouse; • There is a fear of “losing space” and a lack of a private interview/meeting area; • General maintenance of the building has declined in the past few years.

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Law Society of Upper Canada Courthouse Task Force Survey Report Carleton County

There is no expectation on the part of the respondent that these issues will be resolved in the next three years. 4. Courtrooms Fifteen Superior Court of Justice Courtrooms and thirteen Ontario Court of Justice Courtrooms are available in the facility. There are also five motion rooms. Information on use of courtrooms by both levels of courts was not reported. Courtroom facilities are sufficient to accommodate reasonable growth and demand for the next five years. There is a suggestion that “we should be looking at courtrooms globally, i.e., not as two levels of court. Twenty-eight courtrooms total, shareable, in Ottawa. Functionality versus hierarchical levels of court.” Superior Courtroom Number Thirty-seven is generally described as adequate with the exception of poor acoustics and air-conditioning/air quality. All the other Superior Courtrooms are described as adequate except for poor acoustics and air-conditioning/air quality. There is a building-wide problem with the airconditioning and heating airflow and therefore also in the courtrooms. Poor airflow and fluorescent lighting in the courtrooms may be causing headaches among users. The Motion Rooms are also described as adequate. Public seating capacity and the airconditioning/air quality are described as poor. “These are small rooms with chairs around the periphery.” All Ontario Court of Justice Courtrooms are described as adequate. The acoustics, airconditioning/air quality and the fluorescent lighting are described as poor. “It would save money, time and effort and improve security if video conferencing worked properly between courthouse and Ottawa-Carleton Detention Centre.” The video-conferencing equipment in Courtroom Number Six currently does not work properly. Outside of Courtroom Number Six, there is no video-conferencing equipment in the courthouse. 5. Lawyer-Client Meeting Rooms There are two anterooms outside each courtroom that used to be available for lawyer consultations but are being annexed for other uses. There is therefore a lack of consultation rooms. 6. Jury Facilities There is a jury room for each court equipped for jury trials. Jury rooms are of adequate size and are adequately furnished. They have a private entrance to the courtroom. Jury rooms have washroom facilities and members do not use public facilities in the courthouse. The jury uses facilities in common with other users of the courthouse and this presents some problems. Counsel and the jury mix in the cafeteria, which may result in a breach of protocol. There is insufficient parking in the vicinity of the courthouse to accommodate jurors during jury selection.

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Law Society of Upper Canada Courthouse Task Force Survey Report Carleton County

7. Public/Witness Accommodation Seating for the public and witnesses outside the courtrooms is sufficient. The upholstered seating is very dirty and needs to be cleaned throughout the courthouse. Persons in custody are not required to pass through a public area to access courtrooms. There are refreshment facilities consisting of a cafeteria and vending machines, however, they are inadequate for the public’s needs. It is not big enough to accommodate members of the public attending court and the seating is uncomfortable. Men’s and women’s washroom facilities are adequate, with the exception of the female facilities on the fourth floor. All of the washrooms are cleaned adequately but maintenance is poor. There are no public access problems associated with this facility. The courthouse is accessible by public transit. Adequate paid parking is available within a reasonable distance. During jury selection or jury duty, there is insufficient parking in the vicinity of the courthouse and no parking available to the public at the courthouse itself. There are health and safety issues associated with this facility, which include poor airconditioning/air quality and temperature regulation problems. Staff are experiencing breathing problems, particularly on the fourth floor. There is unidentified black matter seeping from the ceiling on the fourth floor and elsewhere. Cellblocks are not cleaned well and there is mould on the ceiling tiles in this area. Courthouse staff, lawyers and judges are not complying with the non-smoking regulations in the building. 8. Accessibility for Disabled Persons Disabled access is generally described as adequate, with the exception of the courthouse entry where the automatic doors sometimes malfunction. The building is a multiple level facility and has functioning elevators. 9. Holding Cells There are holding cells in the building. Information on the number of cells was not reported. There are separate facilities for men and women, segregated facilities for holding youth in custody, and washroom facilities. The holding cells are in an adequate state of repair, except for mould on the ceiling tiles due to poor cleaning. There is direct private access from the holding facilities to the courts. There are no security issues with respect to these holding facilities. There are poor conference facilities for solicitor-client meetings. They do not provide an adequate level of privacy. Conversations are easily overheard. 10. Lawyers’ Facilities There is a lounge for the exclusive use of lawyers and phone facilities for lawyers provided by the Association, but privacy is not assured.

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Law Society of Upper Canada Courthouse Task Force Survey Report Carleton County

There are separate gowning facilities for men and women. Both the men’s and women’s facility are described as “generally adequate,” are in an adequate state of general maintenance and have both washroom and locker facilities. 11. Judges’ Chambers/Facilities The courthouse has forty-eight judges’ chambers. Information on chambers that are shared was not reported. This is adequate for the needs of Ontario Court judges and other judicial offers. Information on the needs of Superior Court judges was not reported. Information on the number of judges’ chambers to accommodate reasonably foreseeable growth was not reported. The chambers are adequately furnished for all judges and other judicial officers. The judges’ chambers provide for secure access to and egress from each court. 12. Crown Attorney Offices The building houses offices for Crown attorneys that do not accommodate existing needs. Five additional offices are required. Storage rooms are currently being used for offices. There is a fire safety issue due to improperly stored file boxes. There are currently no plans that will be implemented within the next three years to rectify the situation. The Crown facilities have a separate office security system, which is operated afterhours. It consists of a security gate with keypad code access, which is easily viewed by the public. It has been tested by incidents and is considered inadequate by the Crown’s office. A card access system is required. 13a. Other Administrative Space/Use: Court Administration The courthouse contains administration offices, which are adequate to meet existing needs. 13b. Other Administrative Space/Use: Court Reporters’ Offices There are court reporter offices, which are inadequate to meet existing needs. More space is required for staff and contract reporters. 13c. Other Administrative Space/Use: Duty Counsel There are duty counsel facilities in the courthouse, which are inadequate for existing needs. There are two locked offices available for criminal matters, which are too small and cannot accommodate clients. There is one locked office and two interview rooms for family court, which is in a “bad location.” It is an isolated, poorly lit office that is poorly ventilated, has insufficient electrical outlets and requires a panic/security button. Neither is adequate for existing needs. There is a Family Law Information Centre, which urgently requires a panic/security button. 13d. Other Administrative Space/Use: Legal Aid A Legal Aid office is required and does not exist in the building. Currently, the legal aid office is off-site and should be brought into the courthouse.

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Law Society of Upper Canada Courthouse Task Force Survey Report Carleton County

13e. Other Administrative Space/Use: Victim/Witness Assistance Program There is a Victim/Witness Assistance Program (VWAP) office, which is required. There is a witness room in the facility. It is not known whether the courthouse can currently accommodate integrated justice facilities. 13f. Other Administrative Space/Use: Media There is a media room, which barely meets existing needs. Information on what is required was not reported. 14. Libraries The courthouse has a library facility, which is needed and is used by members of the Bar, Crown attorneys and the Bench. Overall, the library is an adequate size and meets existing needs. There is a need for improved security and additional office space for staff. The County and District Law Association and the Law Society of Upper Canada jointly administer the library. There are current issues with respect to utilization of space by the library. There are “regular threats of reducing or losing the space.” 15. Other Security Matters The overall level of security for courthouse staff is described as “adequate” in some areas and “poor” in others. Security is described as “adequate” for lawyers and the general public at this courthouse. The level of security for judges, Crown officers and persons under custody is good. There have been “security problems” for library staff, family duty counsel, criminal duty counsel and in the cafeteria. While court security is sufficient for members of the Bar, Crown attorneys and the police, it is insufficient for the judiciary, court staff and the public. There is no metal detector at the entry to the building. There is a moveable metal detector gateway that is used to monitor courtroom access for specific, high security trials. There are seven police officers regularly posted at the building. The building has a functioning burglar alarm system and the courthouse is serviced 24 hours a day by security officers. Security systems and resources have not diminished during the past three years. There have been no ineffectively handled “security- related incidents” during the past three years. 16. Prospects and Future Needs There is a need for better ventilation due to “bad air” in the building. Some areas require improved security systems. General maintenance and cleaning of the facility also needs improvement. With respect to the likelihood of these requirements being met within the next five years, “depending on the impact and follow-up of this survey, we trust our concerns will be conveyed to the appropriate authorities.” There are no current plans or commitments to address concerns.

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Law Society of Upper Canada Courthouse Task Force Survey Report Carleton County

In terms of future needs, “space issues exist which will have to be dealt with as they arise.” It would be preferable to renovate this facility, since it was recently completed in 1986.

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Law Society of Upper Canada Courthouse Task Force Survey Report Carleton County