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 …

Continue reading Kent Cody Barlow Case Delayed Indefinitely: A Loss for Everyone

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 …

Continue reading Fourteen Stays in BC for Unreasonable Delay 2023/24: “An Injustice System for the Victims,” CBC Reports

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 …

Continue reading The Canadian Civil Justice System is “Breaking Down, Mired in Procedures that No Longer Make Sense,” Reports the Globe and Mail

“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 …

Continue reading The Advocate Article: “Delay and Timeliness: Part II – Timely Solutions”

“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” …

Continue reading The Advocate Article: “Delay and Timeliness: Part I – Here We Go Again”

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 …

Continue reading Ontario is Cracking Down on Vexatious Litigation

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 …

Continue reading Operation Early Dawn Invoked in the UK Due to Prison Cell Shortage

The Case On May 2, 2022, two three-year-old boys Hunter Jackson and Odin Ratliff were killed when Kent Cody Barlow drove his car off the road into a corral they were playing in. Spencer Burt for Fox 13 reports that “the structure collapsed on top of the boys, which caused their death, according to the state medical examiner.” The prosecution claimed that Barlow was high …

Continue reading Delayed Double Homicide Case: Intentional Delay Tactics by Defense? Or Understaffed Defense Office?

There is a backlog of psychiatric assessments in the Manitoba criminal courts, report a Free Press editorial released just today. “It’s months-long delays for people who have been accused of crimes and are waiting for psychiatric assessments,” reports the Free Press. This is not a new story. The Free Press, reported in February 2013 that “Lengthening lineups for psychiatric assessments are delaying cases, forcing accused …

Continue reading Psychiatric Assessment Backlog in Manitoba

The Seven year long Walsh Construction v Toronto Transit Commission case has come to a conclusion… probably. It’s possible that either of these parties may appeal the decision, but at least the decision was awarded. It was a case that took about as long as the project did. The project was the construction of the Pioneer Village Subway Station in Toronto. Construction began on September …

Continue reading Enormous Seven-Year Construction Case Comes to a Conclusion – Walsh Construction v Toronto Transit Commission