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Posted bywpengine 28 September 2019

Posted bywpengine28 September 2019Posted inUncategorized

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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.

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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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