Province battles back in fight to keep Charlotte courts open

The provincial governmenthas filed a last-minute motion aimed at derailing an application by lawyers in Charlotte County to prevent courts in St. Stephen and Grand Manan from closing.

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William Gould, a lawyer with the Officeof the Attorney General,says the action filed by the Charlotte County BarristersSociety is "procedurally defective" because it was not commenced within three months of the provincial budget speech on March 31, when the government announcedthe courthouses would be closed.

It asks for a stay ofWednesday'sproceedings or the dismissal of the law group's application.

Fridaywas the final day for courts in the countyand staff are packing up their offices this week.

Unless ordered otherwise by the Court of Queen'sBench, their jobs will move to Saint Johnon Monday.

Last week, three government-owned Toyota Corollas were delivered to the St. Stephen Courthouse.

They will be used by two court stenographers and a Crown prosecutor to commute to their new workplace at the Saint John Law Courts.

The cars, gasand parking have been provided as part of a deal worked out with the two unions representing the employees.

Under the terms of their collective agreements which remain in effect even though they have expired their place of employment cannot be changed.

The application by the Charlotte County Barristers Society requests the closing of the courts be quashed or delayed until the issues raised in the application are dealt with.

It arguesthat the decision to close the courthouses is unconstitutional in that there was not an "open, transparent public" process to arrive at it, and - further - that it denies access to justice.

The application also claims there will be "no, or negligible cost savings" by closing the St. Stephen and Grand Manan Courts.

The Department of Justice did not respond to a request for comment on the province's notice of motion.

The application by the Charlotte County Barristers does not apply to the courthouse in Grand Falls, which is scheduled to closeNov.2.