Judicial Administration

October 3, 2007

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”.

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. 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

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.