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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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National Prosecution Authority (NPA) Hosts International Conference of Prosecutors Focusing on Prose

11-09-2018

More than 400 senior prosecutors, including heads of prosecuting agencies from 83 countries, have descended in Johannesburg to attend the 23rd Annual General Meeting and Conference of the International Association of Prosecutors (IAP) at the Sandton Convention Centre (SCC), from 9 – 13 September 2018. The conference, hosted under the leadership of acting National Director of Public Prosecutions, Dr Silas Ramaite SC will be opened with a keynote address by the Minister of Justice & Correctional Services, Michael Masutha on Monday 10 September.

 

The hosting of the IAP conference in South Africa in 2018 is particularly significant and appropriate, considering that this is the year that the NPA celebrates 20 years of existence since it was established in October 1998. Further, this year South Africa celebrates the centenary of our icon, Nelson Rolihlahla Mandela, a shining beacon of justice and democracy.

 

The theme of the conference is “Prosecutorial independence – the cornerstone of justice to society”. The theme is not only relevant in the current reality of the NPA in South Africa, but it is clear that it is a concept that occupies space in all democracies, old and new, across the globe.

 

The IAP Annual Conference is a productive forum for greater international cooperation among prosecutors, sharing international legal and prosecutions best practice. It also facilitates for greater speed and efficiency in mutual legal assistance, asset tracking and other international cooperative measures.

 

Plenary discussions will traverse various perspectives and experiences by esteemed speakers in the industry, as follows:

Plenary 1: Politics and Independent Prosecution

The plenary session will discuss a variety of established models and constitutional arrangements with a view to a comparative discussion of the pros and cons of how to avoid undue political influence in prosecution.

 

Plenary 2: Managing Prosecution Services-between Accountability and Individual Autonomy

To discuss the internal organisation of prosecution services and how to arrange them to ensure accountable prosecution. Structures of hierarchy, internal rules, codes of conduct, disciplinary rules, career management, appraisal mechanisms and professional training and development.

 

Plenary 3: Protecting the Individual Prosecutor

The plenary will focus on the serious pressures that prosecutors have to face - from lawyers, colleagues, other state agencies, politicians and from the media – and will strive to raise awareness of the pressures and the threats; and to discuss what good practices are available to counter them, to ensure independent prosecutions.

 

Plenary 4: Independent Prosecution and Confidence in the Eyes of the Public

The plenary session will focus on the essential relationship between the prosecution and the public, and the central role that public perception and the media play in influencing the independence of prosecutions.

 

Media Accreditation : Members of the media are invited to attend the closing session of the conference and media briefing on the outcomes of the conference at Exhibition Hall 2 at the SCC, on Thursday 13 September at 15h00.

 

Distributed by APO Group on behalf of Republic of South Africa: Department of Government Communication and Information. 

 

https://www.einnews.com/pr_news/461624563/national-prosecution-authority-npa-hosts-international-conference-of-prosecutors-focusing-on-prosecutorial-independence