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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 promise to drag Couillard and Moreau to court

13-07-2017

The president of LANEQ, Me Jean Denis, believes that the absence of an agreement was predictable since the special law did not allow a "real negoitation". (ARCHIVES THE CANADIAN PRESS)

 

Despite their four-month strike in the middle of the winter, lawyers and public notaries (LANEQ) will have to settle for the lowest wage increase in the entire public service. Unable to agree with Quebec, they promise to drag Philippe Couillard and Pierre Moreau before the courts.

 

The prolongation of negotiations provided for in the special law adopted at the end of February did not bear fruit. In his report filed with the Ministry of Labor and made public Thursday night, Mediator René Beaupré comes to the sad conclusion "that no matter has been agreed." "Unfortunately," he wrote, "it was not possible to induce the parties to reach an agreement on any of the issues at the beginning of the mediation process."

 

The special law, which provided for the continuation of negotiations up to 105 days, lays down in Article 40 the conditions of employment which will apply to lawyers. Their collective agreement is renewed, and their salary increase will be only 6.75% over five years. Far from the 9.15% granted at the end of 2015 for the same period to the common front of the Quebec civil servants. 

 

"I am sorry that LANEQ did not reach an agreement with the government when it was possible to do so for 510,000 employees in the public and parapublic sectors," said Pierre Moreau, President of the Conseil du trésor, By press release. 

 

Quebec has never wished to give its lawyers a status similar to that of crown prosecutors whose working conditions are determined by an independent committee. 

 

LANEQ claimed a salary increase equivalent to that of prosecutors, ie 10% over four years. The lawyers were on the sidewalk from October 24, 2016 to March 1, 2017 to make their claims. The longest conflict in the history of the public service in Canada. 

 

The president of LANEQ and its approximately 1100 members, Jean Denis, believes that "this dismal result" was predictable since the special law did not allow for "real negotiation". An appeal for bad faith negotiations has been filed against the government and the first hearing is to be held in September before the Administrative Labor Court. "LANEQ intends to give testimony in particular to Prime Minister Philippe Couillard, Treasury Board President Pierre Moreau, and Finance Minister Carlos Leitão," warns Denis.

 

http://www.lapresse.ca/le-soleil/justice-et-faits-divers/201707/13/01-5115925-les-juristes-promettent-de-trainer-couillard-et-moreau-devant-les-tribunaux.php