Mould found — again — at aging Milton courthouse

Jul 08, 2023

The aging Milton courthouse has long been described as antiquated and dilapidated, with a history of mould, rodent and other problems.

Milton’s aging court house, seen here in a May 2021 file photo.

Here we go again.

Mould has been found once more at the Milton courthouse, an aging facility that only recently underwent a massive, and disruptive, mould-removal project.

The Ministry of the Attorney General confirmed late Monday that mould was discovered in a single ceiling tile in a courtroom; the ministry said the tile has already been removed, and has “directed its service provider to conduct indoor air quality testing of the entire building.”

However, the discovery has nonetheless prompted the closure of two courtrooms — in a courthouse long described as antiquated and dilapidated, with a history of mould, rodent and other problems that judges have warned are putting trials at risk.

The ministry did not immediately respond as to why mould in one ceiling tile would cause the closure of two of the courthouse’s 12 courtrooms.

The Ontario Court of Justice told the Star that some in-person trials have been moved to the Burlington courthouse, while judges are hearing matters virtually from chambers in other courthouses.

The government previously conducted a “comprehensive mould remediation project” at the courthouse in 2021, causing cases to be sent elsewhere for several months, including the Burlington Convention Centre. In-person hearings have also been suspended at times in the past due to mould discoveries.

The Ford government scrapped plans in 2020 to build a new consolidated courthouse for rapidly-growing Halton region. Instead, Attorney General Doug Downey said the government would modernize the aging courthouses in Milton and Burlington.

As the Star reported earlier this month, the situation on the ground remains dire three years later, with various infrastructure issues at both courthouses causing delays in criminal cases.

The Supreme Court of Canada has ruled that those cases must be heard within strict timelines, otherwise they must be tossed for violating an accused person’s constitutional right to a trial within a reasonable time unless the Crown can prove there were exceptional circumstances for the delay.

Ontario Court Justice Scott Latimer recently called out those problems in a July ruling about a one-day sexual assault trial that failed to get underway twice at the Burlington courthouse — once because of lack of air conditioning in a courtroom on a particularly hot day, and the other time because of technological difficulties. He ruled nevertheless that the case did not breach the strict timeline.

“Continued use of the aged courthouses in Halton Region will no doubt present future problems, which in turn may imperil other prosecutions via trial delay,” Latimer wrote.

Local politicians have urged the provincial government to replace the buildings, while the chief of Halton Regional Police told the Star this month he continues to have “very serious concerns” with the existing structures.

JacquesGallant is a Toronto-based reporter covering courts, justiceand legal affairs for the Star. Follow him on Twitter: @JacquesGallant

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