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Criminal Defence Law Blog

HARD CASES make bad law … and performance politics.

Posted byDennis Reeve 19 May 202319 May 2023

https://www.reuters.com/world/americas/canada-proposes-new-bail-bill-despite-lack-supporting-data-minister-says-2023-05-18/

Posted byDennis Reeve19 May 202319 May 2023Posted inUncategorized

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NOW THAT BAIL CONDITIONS HAVE BEEN TIGHTENED WE CAN EXPECT A REDUCTION IN VIOLENT CRIME, RIGHT?
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HOW IS THE DIVERSITY, EQUITY, AND INCLUSION MOVEMENT GOING? –  Are we just sending the politically-correct-sounding greetings, showing faces of visible minorities, painting logos with colours, or adding rituals to event programmes? 

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  • Credit also has to be given to JAMES LOCKYER for his tireless advocacy over many years to bring this to fruition.
  • Lawyers in England are refusing to represent some people because their legal aid system is insufficient to maintain a viable practice. The legal aid system in Ontario is similarly perpetually on the brink.
  • Since 1982 accused persons have had the right to a trial within a reasonable time. We’ve had the Askov, Morin and now the Jordan cases of the Supreme Court of Canada trying to ensure that right, with only limited success. So now the courts are stacking cases on top of other cases on their daily trial lists that have no possibility of being reached for trial on that date.
  • JUSTICE DELAYED IS JUSTICE DENIED – Every person charged with a criminal offence has the constitutional right to have their trial held within a reasonable time. Our Supreme Court has twice attempted to define what is reasonable through the cases of Askov and Jordan. The result has been decades of hundreds of cases being “stayed” from proceeding due to delay and further delays caused by the complex application procedures required to assert that right. Nothing has changed. Simply demanding that the trial process proceed expeditiously doesn’t work.
  • WHO IS RESPONSIBLE FOR OUR BAIL SYSTEM? – The federal government enacts the criminal code. The province applies it. The province builds and owns the courts. The province hires the Judges, the Justices of the Peace, the Crown Attorneys and court staff.
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