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JUDICIAL ARROGANCE OUT OF CONTROL – JUDGES WHO ATTACK LAWYERS – I expect that a complaint has been filed with the Ontario Judicial Council.

Posted byDennis Reeve 21 January 202421 January 2024

https://www.canadianlawyermag.com/news/opinion/judges-should-not-cite-lawyers-for-criminal-contempt-on-a-whim/382986

Posted byDennis Reeve21 January 202421 January 2024Posted inUncategorized

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I’m sure that every criminal defence lawyer has had a least one client like this.
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A WISE MOVE – “Justice Michael Wendl of the Ontario Court of Justice walked back what is being called an unprecedented, heavy-handed and illegal contempt of court citation against a local lawyer on Tuesday.” I don’t believe this will or should alleviate a complaint to the Canadian Judicial Council for threatening a lawyer.

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  • 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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