With no place for hearings, some in Manitoba First Nation may have to travel hundreds of kilometres for court

Manitoba's provincial court has shut down on Shamattawa First Nation after it couldn't find any space consistently available to hold legal proceedings in the remote northern community — potentially forcing residents to travel hundreds of kilometres to appear before a judge.

The court announced last week all matters scheduled for Shamattawa will instead happen for the foreseeable future in Thompson, a city about 360 kilometres west of the First Nation.

While that notice came on Nov. 9, courts spokesperson Aimee Fortier said in an email the court hasn't sat in Shamattawa since Aug. 8 — more than three months ago.

Chief Jordna Hill said there isn't anywhere to hold court in Shamattawa because the buildings that have been used before are experiencing utility issues: the wellness centre has no water and the band office doesn't have water or heat.

"The pandemic shut everything down for two years … and after that, we were kind of having issues with the sewer and water [service] to the facilities that were holding court," Hill said in a phone interview.

"It took a while to get things going after everybody got back to work, and we're still having issues."

Moving the court out of Shamattawa was done "very reluctantly" and only after discussions with Hill, Manitoba provincial court Chief Judge Margaret Wiebe said in a statement provided by Fortier.

"Ultimately, matters have to be heard and if that cannot happen in the community, arrangements are necessary so these matters can be heard in court, in fairness to all court participants," that statement said.

Hill said he learned of the decision about a month ago, after discussions between the court and the First Nation failed to lead to a solution that would keep hearings in Shamattawa.

He said he understands why the court made its decision, but told officials the change could make it hard for many in the community to get to their appearances.

For most people facing court hearings, "there's no way that they can afford to leave the community," he said, adding a return flight from Shamattawa to Thompson typically costs over $1,000.

That's a steep price, especially for those on social assistance — which Hill said is the case for many accused on the First Nation.

Shamattawa has a winter road for a brief portion of the year, but making the trip that way is expensive too, and only possible for people who have their own vehicles, Hill said.

Financial help is provided for victims and witnesses under subpoena who have to travel to attend Manitoba's provincial court, a provincial spokesperson said in an email. But for people accused of crimes, it's up to them to find the money to get there.