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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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Date de parution : 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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Date de parution : 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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Date de parution : 2018-10-01
National Prosecution Authority (NPA) Hosts International Conference of Prosecutors Focusing on Prosecutorial Independence
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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Date de parution : 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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Date de parution : 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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Date de parution : 2018-08-17


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Ontario tries to stop criminal charges being stayed by trial delays

20-11-2016
Yasir Naqvi, Ontario's attorney general, said his officials are examining cases to make sure other serious charges aren't stayed or withdrawn because of delays in meeting the Supreme Court's deadline. (CBC)

 

Ontario's ministry of the attorney general is reviewing thousands of criminal charges that could be stayed or withdrawn because cases are taking too long to get to trial, but Crown attorneys say the government had made the situation worse.

 

The Supreme Court of Canada ruled last July in what is known as the Jordan decision that a reasonable delay to trial is 18 months for provincial cases and 30 months for cases before the superior court.

 

Last week, a first-degree murder charge against former Canadian Forces member Adam Picard was stayed on the grounds that his right to a speedy trial had been violated, four years after the charge was laid in Ottawa. On Friday, the attorney general's office announced it would appeal the ruling.

 

The Ontario Crown Attorneys Association estimates there are about 6,000 criminal cases that could see charges stayed or withdrawn, and it blames a shortage of judges, prosecutors and court space.

 

Association president Kate Matthews said the group has been raising the alarm about the need for more resources in Crown attorney's offices for years, calling a crisis inevitable.

 

"Anyone working in the criminal justice system could see 'Jordan' coming, and yet the government did nothing with respect to the key reasons behind it," Matthews wrote in an open letter. "In the last few years, the government has effectively reduced the number of assistant Crown attorneys in trial offices."

 

'Worst record in the country'

 

Attorney General Yasir Naqvi said cases can be stayed or withdrawn after the accused completes an alternative or restorative justice program, like a domestic violence or drug treatment program, or if the accused enters a guilty plea or agrees to another resolution like a peace bond.

 

Naqvi said his officials are examining cases to make sure other serious charges aren't stayed or withdrawn because of delays in meeting the Supreme Court's deadline.

 

"Of course we need to work on the cases that are imminent, in the system right now, but I want to make sure to use this decision as an opportunity to bring reforms to the system so that justice is delivered on time, without any unreasonable delays," he said.

 

Progressive Conservative justice critic Randy Hillier said about 43 per cent of criminal cases in Ontario are stayed or withdrawn before trial.

 

"Ontario is without equal in its failings of the administration of justice," said Hillier. "We have the worst record in the country."

 

Ontario Superior Court Justice Julianne Parfett attributed her decision to stay the proceedings against Picard "to the Crown's heavy caseload and the Crown's refusal to expedite the trial," added Hillier.

 

"The justice system is either keeping innocent people behind bars or allowing criminals to walk free," he said. "It doesn't take a legal expert to see that our justice system is acting in the manner that frustrates and obstructs justice while also failing to protect society from dangerous offenders."

 

Delays across Ontario

 

Naqvi said the Supreme Court's Jordan decision imposed new responsibilities on governments across the country.

 

"They basically have asked all levels of government and all of the partners within the criminal justice system to make sure the trials are getting done in a reasonable period of time," he said.

 

"We have been actively and diligently working on that, doing better case management."

 

The problems with delays are in courts across Ontario, added Naqvi.

 

"Some courthouses are just busier than others, and we're working on all fronts and putting resources where they're needed to make sure the cases are moving through the system."

 

Matthews said the Crown attorneys welcome any effective efficiencies.

 

"However, those steps will be mere Band-Aids if the government does not take meaningful, significant and immediate steps to increase the number of assistant Crown attorneys," she said.

 

http://www.cbc.ca/beta/news/canada/ottawa/ontario-criminal-charges-stayed-review-1.3859452