Pubdate: Fri, 24 Nov 2000
Source: National Post (Canada)
Copyright: 2000 Southam Inc.
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Author: James Cudmore

DRUG BUST A STRAIN FOR N.W.T. COURT SYSTEM

Operation Guinness

EDMONTON - The biggest drug bust in the history of the Northwest
Territories threatens to cripple the Northern justice system --
another instance in which police crime-fighting is outpacing the
justice system's ability to respond.

The RCMP's year-long Operation Guinness, which yielded 63 arrests last
week, broke the backs of two organized crime rings who controlled the
lion's share of the territory's drug trade. But the head of the
territory's legal aid plan, which is expected to represent as many as
56 of the defendants, says he may not have enough money to do the job.

"The fact is ... the court system isn't set up to deal with cases of
such magnitude," said Greg Nearing, executive director of the N.W.T.'s
Legal Services Board.

''If we are not able to fund lawyers and we are not able to take
cases, there are going to be some serious consequences."

The case has already cost the RCMP $500,000, Mr. Nearing said. Add to
that the untold cost of prosecution and it becomes obvious how such
cases take a heavy toll on the administration of justice in Canada, he
said.

Mr. Nearing drew parallels between Operation Guinness and a
high-profile case in Manitoba, where 35 alleged members of the
Manitoba Warriors, a predominantly native organized crime group, faced
drug and gang conspiracy charges.

Associate Chief Justice Jeffrey Oliphant of the Manitoba Court of
Queen's Bench, who presided over many of the pre-trial motions in the
Warriors case, said yesterday that such trials place an incredible
pressure on the courts and on legal programs.

"In terms of the court, we lost the services of a judge for the 18
months it took to deal with the case ... we lost the use of a
courtroom in order to set up a video link for families of the accused
... we lost the use of two clerks and there was a significant amount
of pressure put on the sheriff's division," he said.

In addition, the province's Attorney-General built a special
$3.5-million courthouse to accommodate the 35 accused and their
lawyers. All but one of the accused pleaded guilty, but the case will
still likely cost the legal system in excess of $10-million.

Judge Oliphant said the Yellowknife case will test the territory's
small, strapped system, even though the largest number of accused to
sit at one trial will be 12.

"Such a massive prosecution will put an enormous strain on the system.
It's like throwing a stone on a calm pool of water and the ripple
effect just goes on and on."

A similarly large prosecution is underway in Edmonton, where 33
accused are being tried on drug and conspiracy charges in a specially
constructed $1.5-million courtroom. The defence bill for the so-called
Trang case is expected to exceed $16-million dollars.

Mr. Nearing said he expects lawyers representing the Operation
Guinness defendants to bill his program more than $500,000.

"Right now we're running a $150,000 to $200,000 deficit, and that's a
very hopeful, conservative estimate," Mr. Nearing said. "These cases
could send our deficit skyrocketing straight up into the ozone."

Another challenge will be finding enough defence lawyers; Mr. Nearing
said he'll have to import lawyers from southern Canada, and that will
be costly.

"It will be a strain on our resources just to get these people into
court,'' said Mr. Nearing. 
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