1. Judicial Administration October 3, 2007

2. 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”.

3. 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

4. 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

5. Local Legal Culture • Church, Justice Delayed, Ch 4 • This is key to understanding unnecessary delay

6. 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

7. 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.