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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

 

CACC “Outstanding Achievement” (Dennis Theman) Award

 

The Canadian Association of Crown Counsel is the national Association which represents the collective interests of Crown prosecutors and Crown lawyers. It contributes to helping governments and the public understand issues involving Crown prosecutors in the criminal justice system and Crown civil lawyers in the civil justice system. It addresses issues of Crown lawyers concerning conditions of employment and working conditions and promotes and encourages the professional development of Crown Counsel. Members include representatives of Associations representing criminal and civil Crown lawyers from the ten provinces and from the Federal government.

 

Background to the Award

 

This national award was established in 2004 to recognize, honour and celebrate the work of devoted Crown Prosecutors and Crown Lawyers who have shown outstanding dedication to their role as Crown Prosecutor or Crown Counsel and who have shown exceptional support for and have promoted and defended the interests of the Crown and the interests of Crown Counsel.

 

The CACC Outstanding Award was first presented to and is named for Dennis Theman, in recognition of his perseverance in assisting the Crown employer and the public understand the issues that involve Crown prosecutors in the criminal justice system. It is also in recognition of Dennis Theman’s remarkable dedication to improving the conditions of employment and working conditions for Crown Prosecutors and his promotion and encouragement of their professional development. It also is in recognition of a man who was also an excellent and dedicated Crown Prosecutor.

 

From his call to the Bar in 1978, Dennis Theman exhibited a passion for issues of social justice and the practice of criminal law. He began his employment as a Crown Prosecutor in Nova Scotia in 1990. He was responsible for training many Crown prosecutors and was a respected role model. He never hesitated to assist other Crown Prosecutors in preparing their cases for trial while at the same time remaining fully prepared and dedicated in each of the matters he was assigned to prosecute. He was also devoted to ensuring the independence of the role of Crown Prosecutor. Dennis Theman served as President of the Nova Scotia Crown Attorney’s Association. During that time, and under his leadership, the Nova Scotia Crown Attorney’s …

Eligibility

 

This Award is open to a Crown Counsel, who is a:

ideally a member or former member of an Association of the CACC,

 

Criteria

 

This Award was created to recognize exceptional contribution and achievements by a criminal or civil Crown Counsel including:

 

a) outstanding mentorship;

 

b) outstanding contribution to the organization of Crown lawyers;

 

c) outstanding perseverance and dedication shown in the role of Crown Counsel;

 

d) exemplary leadership; and

 

e) outstanding commitment and service to the members of his or her Association.

 

This Award is available only to individuals, not Associations and may be presented posthumously. The CACC Executive and/or Nomination Committee Members are not eligible for the Award.

 

Nomination Procedure

 

The nominator for the Award must be a member of a CACC. Nominators must provide a brief statement outlining their reasons for nominating the candidate, including any press clippings and any other relevant information to the President of the CACC, or his or her delegate, by the date established for the deadline of nominations. The nomination must indicate that the candidate has been advised of the nomination prior to the deadline and that the candidate has consented (unless the person is deceased).

 

Selection Process

 

On the years in which the Award will be open for nominations, the President of the CACC, is to appoint a Nominations Committee to solicit nominations, recommend candidates to the Executive, and administer the Award and to arrange for the Award ceremony. The composition of the Nomination Committee is at the discretion of the President but should consist of a minimum of three (3) and a maximum of five (5) members. It should include at least one representative of a Criminal and a Civil Association. It may include the Previous President of the CACC, members of the Executive, the previous award winner and/or Dennis Theman.

 

The recipient of the Award shall be chosen from the candidates by a majority vote. More than one person may be awarded the Award in a given year. The Committee may also decide not to present the Award in any given year.

 

Presentation

 

The Award will be presented at a program or other function as is determined by the President.

 

Award

 

The Award will consist of a special plaque to be given to the recipient of the Award.

 

Deadline for Applications

 

Nominations and supporting material must be filed with the President of the CACC by a deadline specified each year. The deadline may be extended in circumstances that the President determines appropriate.