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Applying the Jordan framework: Are courts placing too much of the burden on the defence?
Applying the Jordan framework: Are courts placing too much of the burden on the defence?

In R v. Jordan, the Supreme Court put a hard cap on the duration of criminal trials — sending a thrill of panic through the justice system in the process. The ruling is roughly two and a half years old now. Time for the training wheels to come off.Now, that backlog of pre-Jordan charges has been largely cleared — the transitional period is over. But Crown and defence lawyers alike report that trial times aren’t speeding up; statistics cited in a recent Law Times article show that in the Ontario Court of Justice, average times to disposition and the number of court appearances have not diminished since Jordan. If the SCC intended the ruling as a salutary shock to the system, it didn’t work.So what happens now?

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Publication date : 2018-12-18
RCMP’s forensic firearm testing backlog adding delays to justice system

The RCMP’s forensics labs are taking nearly four times longer to analyze firearms than they did just four years ago, adding delays to a criminal justice system under pressure to speed up after a recent Supreme Court decision.

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Publication date : 2018-12-16
Court delays persist, despite Jordan
Court delays persist, despite Jordan

The Supreme Court of Canada decision in Jordanand the problems it tried to address are still top of mind in the criminal courts in Ontario nearly two-and-a-half years after it was released.

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Publication date : 2018-12-03
The performance pay saga reaches a settlement
The performance pay saga reaches a settlement

The issue is the prorating of performance pay in relation to pre-promotion period for the year in which lawyers are promoted. If a lawyer was eligible for performance pay and was promoted during the year, the Employer, rather than pay out a prorated performance pay for the period pre-promotion, paid out nothing at all regardless of your performance rating for the year. The AJC originally filed a grievance in 2011 and in response to that grievance, TB had conceded in the context of the adjudication hearing that pre-promotion service should be recognized. Unfortunately, the adjudicator originally disregarded TB's concession in his decision of 2015, requiring the AJC to file an application for judicial review, which eventually resulted on December 22, 2016 in a remedy limited to the right to pre-promotion performance pay for the year 2010-2011. Thus, the AJC filed another policy grievance on July 27th 2016. The hearing was scheduled for October 2018. We are pleased to announce that we now have a signed Memorandum of Settlement on this matter with TB.  

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Publication date : 2018-10-30
Not all Questions are Good Questions: Avoiding Discriminatory Interview Practices
Not all Questions are Good Questions: Avoiding Discriminatory Interview Practices

Much ink has been spilled over a recent decision by the Commission de la fonction publique (the "Commission") on the topic of discriminatory interview practices. In Association des procureurs aux poursuites criminelles et pénales et Directeur des poursuites criminelles et pénales[1], the Commission found that the plaintiff had been discriminated against when she was denied a position due to her pregnancy.

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Publication date : 2018-10-11
Federal government facing pushback over bill to transform justice system
Federal government facing pushback over bill to transform justice system

One thing that both the prosecution and the defence seem to agree on is that the federal government’s push to cut preliminary inquiries in most criminal cases will not solve the long-standing problem of delays in the criminal justice system.

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Publication date : 2018-10-01


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Lawyers and Notaries of the Québec State: Predictable Failure of Mandatory Mediation

13-07-2017

 

QUÉBEC, the 13th of July. 2017 / CNW Telbec / - Quebec lawyers and notaries (LANEQ) react to the disclosure of the report resulting from mandatory mediation with the government under the law. The report concludes that mediation has failed. According to LANEQ, this desolate result was predictable, since the law passed by the government to force the return to work of its members did not allow a real negotiation.

 

"As if that was not enough, Minister Moreau added some surprising remarks. Since the beginning of this conflict, we have demanded first and foremost a mode of negotiation which recognizes our special role and our independence of function. To argue that our priorities are elsewhere is purely fiction. On the other hand, contrary to what the minister said, no salary increases were made during the last discussions: the government remained frozen at 5.25% over 5 years, while our colleagues Crown prosecutors obtained 10% Over 4 years.

 

Finally, the minister made amazing remarks suggesting that the incumbent of the Director of Criminal and Penal Prosecutions would have no power over her team members, resulting from a final decision-making power that the minister believes they hold. On the contrary, as lawyers and notaries of the State, prosecutors for criminal and penal prosecution must report to a superior to whom they provide independent opinions, "says Jean Denis, president of LANEQ.

 

In the case of the government's bad faith bargaining process, LANEQ announced that the Labor Court (TAT) hearings would begin on September 21 in Quebec City. In particular, LANEQ intends to call the Prime Minister of Quebec, Mr. Philippe Couillard, the President of the Conseil du trésor, Mr. Pierre Moreau, and the Minister of Finance, Mr. Carlos Leitão, to testify.

 

Recall that on 24 October 2016 to 1 st March 2017 lawyers and notaries of the Quebec government took part in the longest strike in the history of the Canadian public service. It ended with the imposition by gag on February 28 of a special law to force their return to work.

 

Lawyers and notaries of the Québec government (LANEQ) groups together more than 1,100 lawyers and notaries in all the departments and agencies of the Government of Québec. Its mission is to promote and defend the interests of its members, in particular by negotiating their working conditions. In the service of the public interest, the lawyer or notary of the State participates in the representation of the government in civil, administrative and penal courts, as well as acting as legal and legal counsel to the ministers and presidents of the state, organizations.

 

SOURCE Lawyers and notaries of the Québec government   
 

For further information: Anne-Sophie Leclerc, 514 792-4235; Mathieu Santerre, 581 996-5344, .(JavaScript must be enabled to view this email address)

RELATED LINKS 
http://www.laneq.org/

 

http://www.newswire.ca/fr/news-releases/avocats-et-notaires-de-letat-quebecois--echec-previsible-de-la-mediation-obligatoire-634343293.html