Timely Deadlines? Or a Timely Culture?
How do we deliver consistently speedy and timely results in justice? Do we focus on making deadlines that encourage/necessitate timeliness? Or do we begin with the culture? Perhaps we need both. But what do we begin with? This seems like a chicken-and-egg question: Do good deadlines produce a timely culture, or does a timely culture produce timely deadlines? We at Timely Justice suggest that timely …
Kent Cody Barlow Case Delayed Indefinitely: A Loss for Everyone
The Have and Have-Nots of Timeliness In criminal cases defendants are constitutionally entitled to timely justice but may also benefit from the increased uncertainty and decay in the quality of evidence that almost inevitably flows from long delays and asymmetrically benefits criminal defendants. Indeed, in some jurisdictions there is a decrease in guilty pleas as trial delays lengthen. For victims and the community there is …
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They Will Wear You Out
The Need for Institutions How do we imagine justice being dispensed in ancient times? Robert Alter notes in his translation of the Hebrew Bible that the language used to describe the characteristics of a good judge (God-fearing, truthful, haters of bribes) is similar for “the recruitment of judges [that] occurs in both Hittite and Egyptian documents dating from the late second millennium B.C.E.”[1] This widespread …
Fourteen Stays in BC for Unreasonable Delay 2023/24: “An Injustice System for the Victims,” CBC Reports
How many judicial stays for unreasonable delay are acceptable? In each case there is a tension between timeliness and the community’s desire to see criminals punished. In 2023/24, there were 14 stays for unreasonable delay including a Ponzi scheme case (the Miller case), a sexual assault case of which the alleged victim was a six-year-old girl, and a case involving “a Prince George man who …
The Canadian Civil Justice System is “Breaking Down, Mired in Procedures that No Longer Make Sense,” Reports the Globe and Mail
Canada’s civil-justice system, writes Sean Fine for the Globe and Mail, “is breaking down, mired in procedures that no longer make sense, according to the Supreme Court of Canada.” Stays for delay are high and the Jordan ceiling has had “the unintended effect of draining the civil system’s resources” since criminal cases are prioritized due to their time-limit. On top of that, scores of judicial …
The Advocate Article: “Delay and Timeliness: Part II – Timely Solutions”
“The first part of this article, published in the July issue of the Advocate, outlined the pressing need to address timeliness and eliminate undue delay in the justice system. The second part of this article builds the case for action by exploring proven and proposed solutions. The third part will speak to frequently encountered objections and implementation. This article calls for the transformation of our …
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The Advocate Article: “Delay and Timeliness: Part I – Here We Go Again”
“Once Again, delays in the justice system are provoking alarm and raising calls for Canadian governments to act. Of course we have seen this before. So, what is different now that makes raising this recurring issue worthwhile? Many recent stories demonstrate the rising concern over delays in Canada’s justice system…” Continue Reading: Geoffrey Cowper, K.C., “Delay and Timeliness: Part I – Here We Go Again” …
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Ontario is Cracking Down on Vexatious Litigation
The Ontario Government will be implementing a new regulation (ON Reg 322/24) that is designed to deter purposefully troublesome delay that is caused by vexatious litigants. This new regulation will coincide with the amendment passed earlier this year to s.140 of the Courts of Justice Act; all of which will come into effect at the Lieutenant Governor General’s proclamation. Leashing Vexatious Litigants – Changes to …
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Operation Early Dawn Invoked in the UK Due to Prison Cell Shortage
Operation Early Dawn, an emergency measure that keeps defendants in police cells until a space in prison opens up, has been invoked twice this year in the UK due to prison cell shortages. In May, it was used when the number of available prison cells dropped to under 300. More worryingly, it was activated again due to the influx of arrests from the UK anti-immigration …
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When to Quit
In Quit, Annie Duke explores when it is better to quit than go on. Her fundamental thesis is that it is often better to quit than to carry on. She points out many examples of people who quit, or are forced to quit, who then go on to be grateful they did so. The climbers who turned back from the Everest Summit but survived when …