Keeping Up
In Hameed v. Canada 2024 FC 242 the Federal Court has declared that there is a constitutional convention that the Federal Executive is required to make judicial appointments on a timely basis and within a “reasonable time of the vacancy.” In yet another cry of alarm Justice Henry Brown observes that treading water in making appointments fails not only those who depend on them to …
Pleading Not Guilty
Andy Gregory at the Independent recently reported that “criminals are gaming the system by pleading not guilty and relying on crippling tactics to evade justice.” The criminal justice systems in most countries have come to depend on a high level of guilty pleas. The natural result of this is that if defendants come to believe that their interests are well-served by requiring the prosecution to …
Sexual Assault Case Stayed for Delay after the Guilty Verdict
A sexual assault case was stayed for delay after the guilty verdict. Jacques Gallant wrote an article for the Toronto Star on this case titled “She testified. The jury found a man guilty of raping her. It was only then a GTA judge tossed the case for delay.” Timothy Toole, an acquaintance of the victim (whose name is protected) had a few drinks with the …
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The Steven Galloway Case: Anti-SLAPP Delay
Various legislatures have recently sought to control the use of litigation to suppress public debate and this has been termed anti-SLAPP legislation. Each of these statutes expressly urge timeliness on the need to shutdown attempts to suppress debate. The recent case of Steven Galloway is a demonstration of the common experience that legislative requests for timeliness run up against the reefs and shoals of delays …
Final Report on the Lionel Desmond Murder Suicide Released After Seven Years
On January 3, 2017, Afghanistan war veteran Lionel Desmond shot and killed his wife, daughter, and mother and subsequently committed suicide — all with a semi-automatic rifle he bought a few hours earlier. Seven years later, the final report was just released yesterday on January 31, 2024. Ever since this macabre event, the biggest question the public has been wondering is how? How can someone …
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Chicago Tribune reporters investigate criminal justice delays in Cook County
On December 31, 2023, Joe Mahr and Megan Crepeau released an article on the progress Cook County has made in delivering speedier justice titled, “Stalled justice: Slow Cook County courts see progress in 2023, but some decade-old cases still linger on dockets.” Since the reforms made in the fall, Mahr and Crepeau report, the number of cases that are completed within Cook County’s two-year goal …
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Defence of Lethal Collision Case not Seeking Stay for Delay
On August 11, 2021, 78-year-old John Fox and 75-year-old Glenys Fox were killed in a collision when Christopher Boucha, now 52 years-old crossed the median line of the road with his five-tonne Penske truck. A crown witness, who was behind Boucha at the time of the accident, believed that Boucha veered off because he was either sleeping or texting. Boucha has been charged with eight …
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Langley Manslaughter Case Comes to Conclusion After Almost Two and a Half Years
On November 24, 2023, a man from Langley B.C. was finally convicted of manslaughter after his arrest almost two and a half years ago. Jacob Cook was 20 years old when he stabbed his 28-year-old brother Jesse to death on May 30, 2021. The two brothers were at home with their mother and step-father when the killing took place. Jesse had relapsed to his opioid …
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Stays of Proceedings Quadruple in Quebec Due to Court Delays
According to the Globe and Mail, the number of criminal cases stayed in Quebec has more than quadrupled this year due to court delays. There were 18 cases stayed in 2022 and 75 cases have been stayed in 2023 so far. Between March 1 and September 22 this year, Quebec ended an additional 196 criminal cases by nolle prosequi, a procedure where the prosecution declines …
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Alberta Amends Rules of Court Replacing Summary Trials with “Streamlined Trials”
On November 8, 2023, Alberta, one of the most delay-conscious provinces in Canada, amended the Rules of Court, replacing summary trials with the new “streamlined trial” process. This amendment will take effect on January 1, 2024. Summary trials were intended to be an efficient option for cases that were too complex or important for summary judgment but did not require a full standard trial. …
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