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Winnipeg Free Press
23-06-2025
- Climate
- Winnipeg Free Press
Northern court delays could continue to snowball
Ongoing wildfires, evacuations and smoky conditions have caused circuit courts to cancel hearings and appearances in a slate of northern communities. The resulting backlog could spell trouble for people in custody, or those under court-imposed bail conditions, as they await resolutions for their cases. 'Given the (Canadian justice) system is based on the notion that you are innocent until proven guilty and you're entitled to trial within a reasonable time, our concern is always with the people who are in custody,' said Winnipeg-based criminal defence lawyer David Phillips, who represents some clients in Manitoba's north. 'These wildfires have now (affected) a lot of consecutive sittings in many communities… If you've got a community that's evacuated, you're going to miss a lot of court and it takes a long time to get people back and get things up and running.' Public notices from the Provincial Court of Manitoba indicate between June 2 and June 20, closures affected the communities of Nelson House, Norway House, Gillam, Gods Lake Narrows, Leaf Rapids, Split Lake, Cross Lake, Flin Flon, Cranberry Portage, Pukatawagan, St. Theresa Point and Garden Hill. Court dates in some other communities — including Poplar River, Little Grand Rapids and Pauingassi First Nation — have also been postponed, owing to smoky conditions or lack of transportation, Phillips said. Cancellations due to weather or other factors are not uncommon, but the longer they persist, the worse the situation becomes, he said. The full extent of the backlog is difficult to estimate, but Phillips said the issue could potentially 'snowball' because many northern courts already have limited days on which they operate. While sitting days differ based on the size and need in various communities, some operate as frequently as once every few months. Larger communities sit more often, and will therefore have larger backlogs, he said. If communities suffer damage to electric power lines or other critical infrastructure, the delays could extend despite evacuation orders being lifted, he said. 'Once the courts reopen, you've got this enormous backlog, yet, the court still only has a certain amount of resources, you can still only go to these communities a certain number of days a year,' Phillips said. 'The system really is backlogged for a significant period of time, after you have extended cancellations.' People who are already out on bail and awaiting future court appearances will also be affected. Many of those people are subject to release conditions that will remain in effect until their cases proceed. Those conditions may include non-contact orders, curfews and orders prohibiting them from returning to specific locations, including their home communities, Phillips said. 'They are usually anxious to try and deal with their cases as soon as possible because they are under these rather stringent conditions,' he said. 'You get in situations where these people end up breaching.' Premier Wab Kinew announced Monday the provincewide state of emergency imposed May 28 was lifted. Some wildfire evacuees have already returned to their homes, and thousands more are expected to be on their way back to northwestern Manitoba over the coming days. Tyler SearleReporter Tyler Searle is a multimedia producer who writes for the Free Press's city desk. A graduate of Red River College Polytechnic's creative communications program, he wrote for the Stonewall Teulon Tribune, Selkirk Record and Express Weekly News before joining the paper in 2022. Read more about Tyler. Every piece of reporting Tyler produces is reviewed by an editing team before it is posted online or published in print — part of the Free Press's tradition, since 1872, of producing reliable independent journalism. Read more about Free Press's history and mandate, and learn how our newsroom operates. Our newsroom depends on a growing audience of readers to power our journalism. If you are not a paid reader, please consider becoming a subscriber. Our newsroom depends on its audience of readers to power our journalism. Thank you for your support.
CBC
08-04-2025
- CBC
5 years after Eishia Hudson, 16, was shot by a police officer, hope remains for systemic change
Social Sharing Five years after Eishia Hudson's deadly encounter with Winnipeg police, an advocate and a First Nations leader want to make sure the 16-year-old is not forgotten and want change to prevent the same thing from happening again. Hudson was a member of Berens River First Nation who was fatally shot by an officer on April 8, 2020, following a chase in which police say Hudson was driving a stolen vehicle that had been involved in a liquor store robbery. "She died in such a tragic way," said Sherry Gott, the Manitoba Advocate for Children and Youth. Her office released a special report honouring Hudson in June 2023 titled Memengwaa Wiidoodaagewin, the Ojibway words for Butterfly Project. "I hope for systemic change when it comes to her." Manitoba's chief medical examiner called an inquest in March 2021 to examine the circumstances of Hudson's death and what, if anything, can be done to prevent similar deaths in the future. No dates have been set more than four years after the inquest was announced. "The provincial court is aware that it has been five years since Eishia Hudson died in tragic circumstances," said an emailed statement to CBC from Provincial Court of Manitoba Chief Judge Ryan Rolston. He added the court is also aware "the delay of the inquest into her death has taken a toll on her loved ones who seek closure." Hudson could 'brighten a room' Born in Winnipeg in June 2003, Hudson was remembered in the advocate's report for her "ability to brighten a room with her humour and laughter." Part of the inquest will examine Hudson's involvement with the child welfare system and — while she was never charged with a crime — previous encounters with police. Hudson did not always receive the support she needed from the Manitoba government and school systems before her death, the report released by the Manitoba Advocate found. That report, which made four recommendations to the government, is expected to be submitted to the inquest. Manitoba's Independent Investigation Unit, the province's police watchdog, announced in January 2021 that the Crown was not recommending charges against the officer who shot Hudson. The chief medical examiner can call an inquest under the Fatality Inquiries Act if they have reason to believe a person died "as a result of an act or omission of a peace officer in the course of duty." A judge in an inquest submits a report and can recommend "changes in the programs, policies and practices of government" that may help prevent similar deaths from happening in the future, according to the provincial court. However, the inquest process cannot determine culpability with respect to a death, the province says. Chief Judge Rolston said the court has been dealing with an unusual volume of new inquests along with a backlog of cases that had to be put on pause because of the coronavirus outbreak. "Unfortunately, the inquest into the death of Ms. Hudson has been delayed partially due to scheduling issues that arose from the COVID pandemic," Rolston said. He said details are still being finalized in the inquest into Hudson's death, which include finding a venue large enough to accommodate high public interest. Inquest will examine role of systemic racism The inquest, which will be heard by Judge Margaret Wiebe, will try to determine if systemic racism played a role in her death, Wiebe announced in a written decision in May 2024. "Eishia was identified as an Indigenous person during the incident with WPS on the day of her death," Wiebe wrote. "What effect or influence, if any, this had on the decisions and actions of the WPS will form part of the factual matrix of this case." Assembly Grand Chief Kyra Wilson said when she hears Hudson's name, she thinks of a young First Nations woman who lost her life too early. "I also think about her family and the loss they've had to deal with for a few years now," Wilson said. "I still feel sad for them and what occurred." The AMC's First Nations Family Advocate Office is busy preparing for its involvement in the inquest. Wilson said members of a youth advisory group have shared their own experiences with the child welfare and justice systems which are being put into a report to submit to the inquest. "I know that [the inquest] will happen and when we look at such a complex system, such as justice, child welfare, there's a lot to review and to discuss and we need to make sure we are taking our time looking at systemic change," the grand chief said. Winnipeg police declined a request for comment from CBC, saying it's because the matter is still before the courts. Gott said not enough has changed since Hudson's death and that concerns her. "We know that youth are overrepresented in all systems in Manitoba, including the justice system, so yeah I am worried." Inquest details still being finalized 5 years after Eishia Hudson's death 3 minutes ago Duration 2:36 It's been five years since 16-year-old Eishia Hudson was fatally shot by a Winnipeg police officer following a robbery and high-speed chase. An inquest looking further at the circumstances of her death has been called, but dates have yet to be set.
