Government extends agreement to use Fredericton Convention Centre as a courthouse

The Department of Justice and Office of the Attorney General has extended its agreement to rent space at the Fredericton Convention Centre until the end of 2021, a government spokesperson has confirmed.

Since June, the Court of Queen's Bench has been operating out of the convention centreto provide more space for social distancing.

No one from the department was made available for an interview about the extension.

Back in May, officials with the Department of Justice and Office of the Attorney General were brainstorming how to get back to having in-person court proceedings, while also keeping everyone safe during a pandemic.

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Behind the scenes, staff were writing a proposal to move the Court of Queen's Bench operations to the Fredericton Convention Centre, which suddenly had free space after COVID-19 cancelled most events and conventions.

It wasn't a small task. But the move happened, and the convention centre hosted a high-profile jury trial this past fall.

Documents obtained by CBC News through access to information offera glimpse at how that decision was made and how decision-makers weighed the benefits, and risks, of turning a convention centre into a functioning courthouse.

More judges than courtrooms

On May 4, Nancy Grant, the executive director of court services, wrote a one-page proposal on the benefits of moving the Court of Queen's Bench out of the aging Queen Street courthouse building and into the convention centre temporarily.

"Under normal circumstances, the Fredericton courthouse is the most problematic courthouse in the province with respect to space," Grant's proposal says.

"Essentially it has more judges than courtrooms, not enough space for Crown, duty counsel, victim services and probation services."

With COVID-19 restrictions, the courthouse would have been unable to accommodate jury selection or a jury trial and couldn't even accommodate the number of people who come to court for plea day. Even finding space for lawyers to meet with their clients privately would have been difficult, Grant wrote.

Moving the Court of Queen's Bench would also give provincial court more space, the proposal said. That would allow an additional judge to take on more cases and help dig through the backlog created after the pandemic began.

But there were also risks.

One was securing the convention centre. It would require staff to carefully map out requirements so the sheriff's office could staff two separate buildings, the proposal says.

They would also have to move equipment and retrofit the convention centre in a short timespan.

Grant also listed "getting senior decision makers to accept the need" to her list of challenges.

Cost of renting convention centre unclear

Staff ultimately recommended the government rent the Fredericton Convention Centre for seven months, up to Dec. 31, 2020. It's not clear when the decision was made to extend the agreement.

In addition to jury selection and jury trials, the facility should be set up to accommodate "an expected influx of bankruptcy, child protection and complex family matters due to COVID," the proposal said.

The monthly rental cost, along with estimated costs of retrofitting the space to act as a courthouse, are redacted from the documents. The rental costs don't include cleaning or security.

One group of employees affected by the move are sheriffs, who have had to staff both buildings.

"The pandemic created challenges for all of our members, including sheriffs," New Brunswick Union president Susie Proulx-Daigle said in a written statement.

"They are professionals and worked within the system that was created in order to continue working through the pandemic."

Lawyers, public like using convention centre

Members of the legal community have spoken out about problems with the Queen Street courthouse, including security issues and the size and number of courtrooms.

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Unlike more modern courthouses in cities like Saint John and Moncton, the Fredericton courthouse requires judges to walk among the public, including people they may have seen in court that day, when they leave the building.

Using the Fredericton Convention Centre has been a much better experience, according to Fredericton lawyer Jennifer Donovan of J. Donovan Law Group.

"We actually like it a lot," Donovan said.

"It's spacious. Security is better. You don't see the judges exiting like you do at the justice building, or at least I haven't."

She said her clients who have used both buildings have also noticed a big difference.

Donovan often does family law litigation that can involve conflict between two parties that don't get along. She's always worried that tensions could escalate when both parties are then forced into a small space inside the courthouse.

"Being at the convention centre it seems that those issues were no longer a concern," she said.

"That was one of the biggest things clients said to me that had experienced both [courthouses], was the security and the space."

'I'm optimistic'

Two years ago, the Higgs government cancelled a project that would have seen the Centennial Building renovated and a new Fredericton courthouse built. More than $13 million had already been spent at the site.

The province's most recent capital budget includes $7.5 million to begin design work on a new courthouse, Finance Minister Ernie Steeves told reporters. It's not yet clear whether a new courthouse would go on the current site or elsewhere in the city.

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Donovan said the pandemic has made more people aware of problems with the current Queen Street courthouse. She said she's talked to lawyers who feel like they're living in "a dreamland" by being able to use the convention centre and who hope that a similarly modern facility will become a permanent reality someday.

"I'm optimistic," Donovan said.

"I mean, I'm guarded. Itis a governmental decision and things can change on a dime. But to me, I think it's evidence there is a focus in the right spot, at least to get started."