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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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Date de parution : 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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Date de parution : 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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Date de parution : 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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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


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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