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

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.

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Publication date : 2018-09-11
South Africa hosts The International Association of Prosecutors’ Conference, 9-14 September 2018
South Africa hosts The International Association of Prosecutors’ Conference, 9-14 September 2018

South Africa will from 9 – 14 September 2018 host the annual International Association of Prosecutors (IAP) Conference at the Sandton Convention Centre, Johannesburg under the theme: “Prosecutorial Independence – the Cornerstone of Justice to Society”.

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Publication date : 2018-09-10
Crown attorneys want to form a union, but NDP government presents a hurdle
Crown attorneys want to form a union, but NDP government presents a hurdle

Alberta’s Crown prosecutors want to unionize, but face hurdles to their bid, including the wording of provincial legislation and opposition from the NDP government.

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Publication date : 2018-08-17


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Supreme Court ruling on trial delays ‘out of step with reality,’ senators say

14-06-2017

Senate Committee on Legal and Constitutional Affairs Chair Senator Bob Runciman, left, with Senator George Baker. Runciman said the Supreme Court did not have enough data last year about the potential impact of its Jordan ruling “before it stepped off a cliff” and imposed the new trial timelines.  (ADRIAN WYLD / THE CANADIAN PRESS)

 

A group of senators slammed the Supreme Court of Canada for being “out of step with reality” and careening “off a cliff” in its attempt to curb trial delays by setting rigid deadlines the justice system can’t currently realistically meet.

 

The Senate committee on legal and constitutional affairs released a report Wednesday that makes 50 recommendations to speed up criminal trials, saying what’s needed is a complete rethink of the Canadian criminal justice system, not drop-dead timelines.

 

Sen. George Baker warned “tens of thousands” of criminal charges risk being tossed next year as a result of the Supreme Court’s ruling last July in a drug case called “Jordan,” which set 18-month deadlines for trials in provincial courts, and 30-month ceilings on trials in superior courts.

 

Baker, an independent appointed by a previous Liberal government, and Conservative Sen. Bob Runciman said the Supreme Court did not have enough data last year about the potential impact of its Jordan ruling “before it stepped off a cliff” and imposed the new trial timelines.

 

Yet the senate committee report says it is not the high court’s fault that despite rulings in 1990 and 1992 intended to curb delays, trial delays have become an endemic part of the system.

 

“Legislative solutions can take you only so far,” Runciman said. “It’s the legal culture we need to change. Delay is regarded as the norm. Cases are adjourned routinely for no good reasons.”

 

https://www.thestar.com/news/canada/2017/06/14/supreme-court-ruling-on-trial-delays-out-of-step-with-reality-senators-say.html