Once more with feeling: Court delays are bad for all concerned

  • October 24, 2016

The CBA appeared on Oct. 19 before the Senate Committee on Legal and Constitutional Affairs to once again address the subject of court delays.

The Criminal Justice Section made a submission on the topic in February, and the Senate Committee released its interim report at the CBA Legal Conference in Ottawa in August. As the Senate continues its study this fall, the Section has created an addendum that details some issues in the February letter, as well as highlighting new areas of concern. Section executive Ian Carter of Bayne Sellar Boxall in Ottawa presented for the CBA.

The interim report noted that “the unique cultural dynamics of aboriginal communities” will require specific attention from the committee as its study progresses. To that end, the CBA addendum makes note of the impact of court delays in the territories and on indigenous people.

Here are some of the things the Section wanted to bring to the Senate Committee’s attention:

  • Low-level and administration of justice offences, driven by substance abuse and addiction, overwhelm dockets in the north. Alternative courts would help divert or streamline these matters early.
  • The intergenerational effect of trauma from forced relocations, residential schools and more is evident everywhere.
  • When disclosure to the Crown is delayed, the Crown often sends it to defence just before a first appearance and matters are invariably adjourned.
  • Waiting for disclosure from evidence sent to labs in the south causes delays.
  • With few legal aid staff and private counsel, conflicts are common for cases with several co-accused.
  • Bail is a big problem, as clients struggling with addictions are often held because of past records.
  • Lawyers report a lack of access to clients – the new institution in Whitehorse has only two meeting rooms in the entire facility.
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