1 / 7

Judicial Administration

Judicial Administration. October 3, 2007. Court Delay and Criminal Cases Today’s Agenda. Questions re criminal trial process in Canada Comments on court visits Regina v. Askov , 1990. Baar, “Social Facts, Court Delay and the Charter” Local Legal Culture Church, Justice Delayed , ch. 4

thais
Download Presentation

Judicial Administration

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Judicial Administration October 3, 2007

  2. Court Delay and Criminal CasesToday’s Agenda • Questions re criminal trial process in Canada • Comments on court visits • Regina v. Askov, 1990. • Baar, “Social Facts, Court Delay and the Charter” • Local Legal Culture • Church, Justice Delayed, ch. 4 • Greene, ch. 2 • Jane Gadd, “Judge speaks out against court delays”.

  3. Review and commentary • Questions re criminal trial process in Canada • Anything unclear from last week’s discussion? • Further Comments on court visits • In the lower courts, find out whether you’re in a municipal court or the Ontario Court of Justice, and whether the judge is a Justice of the Peace or an Ontario Court of Justice judge

  4. The Askov Saga • Regina v. Askov, [1990] 2 S.C.R. 1199 • Baar, “Social Facts, Court Delay and the Charter,” 1993 Canadian Bar Review 72(3), 305-36 • Baar: “If Canadian courts were required to set cases for trial within six months, they could almost universally do so” • Evidence referred to by the Court that was not introduced by any of the litigants! • R. v. Morin, [1992] 1 S.C.R. 771 • What can be done to promote better understanding of social science evidence by lawyers & judges? • Apply for Greene’s RAY project: go to Career Centre web page and send application to acondell@yorku.ca

  5. Local Legal Culture • Church, Justice Delayed, Ch 4 • This is key to understanding unnecessary delay

  6. Greene, Ch 2: Public Participation in the Justice System • Judicial Selection • Citizen monitoring (organized and informal) • Court Management Committees • Participation in court proceedings • Litigants • Input into verdicts through the jury system • Public input into adjudication • Public interest litigation • Expert witnesses as proxies for the public interest

  7. Judicial Concern re Delay • Gadd, “Judge Speaks Out Against Court Delays” • Greene’s research: judges tend to be more concerned with unnecessary delay than other key actors in the justice system, but sense they have fewer opportunities to have an impact.

More Related