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, – 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”.

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

The Askov Saga Regina v. Askov, [1990] 2 S.C.R Baar, “Social Facts, Court Delay and the Charter,” 1993 Canadian Bar Review 72(3), – 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

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

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

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.