Weyburn's lawyers are concerned city and area residents are not getting full and equal access to justice as other communities are, and they want action from the minister.

The Weyburn Bar Association and the City of Weyburn are again pressing the Department of Justice to address the need for a resident judge in Weyburn provincial court, to help cut down on the waiting time for offences to get to trial.

In late September, city council wrote a letter to Justice Minister Chris Axworthy, and last week all of the city's lawyers held a meeting to discuss their concerns over the delays being experienced, and to share research into what length of delay is normal in other courthouses.

The research included the courthouses at Estevan, Moose Jaw and Carlyle, said lawyer Greg Bobbitt, and it was found the average wait time for a trial is about five months. In Weyburn, the wait is about seven months, although the time from when charges are first laid until it finally comes to trial can be as long as 10 months.

"We've expressed our concerns to the judiciary, to Judge Dave Orr in particular. The judges who've been coming here have scheduled extended court dates, more than in Moose Jaw. In August, they were booking trials into March, and in September they were booking into April," said Bobbitt, who hinted at further action from the lawyers if the situation doesn't change.

"This may lead to constitutional challenges This is not right for society, nor is it right for the accused," said Bobbitt.

The lawyers realize that Weyburn probably doesn't need a full-time judge, he added, but a resident judge could split his time 80-20 or even 60-40 with Regina, helping provide some relief to the courts there.

Lawyer Bill Holliday agreed with the concerns expressed, and noted the court also has concerns with their ability to get matters scheduled and heard, due to the limited resources they have to work with.

"There's all kinds of issues that come to the fore if an accused can't have a trial in a reasonable time. There might be some question as to what a reasonable time is, but you'd hope to have these things dealt with and heard. The court only has a certain amount of time they can dedicate to hearing things," he said, adding that not having a resident judge means the court doesn't the same amount of time to deal with matters as they did before.

The minister cannot appoint a new resident judge while there is an appointment in place, said Justice department spokesman Jeff Bohach. Although he hasn't sat on the bench for over a year, Judge Claude Fafard still holds the appointment for Weyburn, and has been off on sick leave.

Since he went on sick leave, the provincial court office in Weyburn was closed and provincial court is operated as a circuit point by staff and judges from Moose Jaw provincial court. Any new appointment or reappointment would have to be made by the provincial court's Chief Judge, said Bohach.

City council sent their concerns in a letter on Sept. 24, said Mayor Don Schlosser, and he personally met with minister Axworthy near the end of September.

"He was very surprised and felt there should be a concern about the length of time trials are set. He said he would talk to his officials about this and would get back to me," said the mayor, adding that the minister hasn't yet responded to the city's concerns.

Asked about the situation regarding Judge Fafard, Mayor Schlosser said, "It's too bad the community has to be penalized because of that situation. I have nothing against the judge being on sick leave, but why should the community be penalized? There's got to be some way around this."

Bobbitt said the lawyers have heard this explanation before, and he feels this has become "a handy excuse" for the department not to do anything about it.

"I can appreciate the reason is there for Judge Fafard to be on sick leave, but no one is suggesting that the judge is going to come back. We have the minister on one hand saying he can't do anything when this appointment is in place, and the judiciary says appointments come through the minister of Justice. In the end, the citizens of Weyburn are the losers," he said, explaining that the very principle of justice may be compromised by this situation.

"I believe having Weyburn serviced by Moose Jaw is not working. Their judges are not familiar with the concerns of the community. If you committed a criminal act in June, by the time you get to court and have couple of adjournments, it would be August, and they were booking trials in March-April; that's 10 months," said Bobbitt.

He noted when a previous resident judge, Judge Neville, was on the bench, trials on most charges were held within 30 days of the date being set.

Acknowledging the situation with Judge Fafard's sick leave, Holliday said the minister must accept some of the responsibility for the current situation.