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28 September 2019
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HARD CASES MAKE BAD LAW – Efficiency has become the primary consideration in criminal trials. Severe restrictions on preliminary inquiries and the elimination of peremptory challenges to jury selection won’t really speed anything up and are likely to have the opposite effect through years of appeals, re-trials, and wrongful convictions.
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REVERSE DISCLOSURE IN SEXUAL ASSAULT CASES – Already this is problematic. Justice Breen decided that the complainant must testify in chief before the defence has to present the evidence in a mid-trial hearing of admissability. “Reverse disclosure by defence lawyers who say that exposing their defence material in advance will undermine fair trials. With the complainants being permitted access to defence records and their trial strategy in advance, the witness could “tailor” testimony to avoid impeachment.” and “This combination of new rules passed by Bill C-51 combined with the elimination of preliminary hearings by Bill C-75 could make sexual assault trials even more difficult to complete within the time limits set by Supreme Court in the Jordan ruling.” Thank you JWR.
