Organizations Reflected in This Report Access to Justice Is a Longstanding Priority of Many Organizations Across the Country
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Challenge & Change
Canada’s Justice Development Goals: 2020 challenge & change change challenge & This report was prepared by CALIBRATE. Design by Francesca Oprandi calibratesolutions.ca fraoprandi.com The JDGs JDG 1 P. 11 JDG 2 P. 15 JDG 3 P. 20 Address everyday Meet Make courts legal problems legal needs work better 1.1 Educate early 2.1 Focus on legal needs for 3.1 Ensure access to courts 1.2 Prevent everyone 3.2 Promote multi service centres 2.2 1.3 Offer a continuum of services Encourage innovation 3.3 Help people who are 2.3 1.4 Reflect Canadian society Expand scope of legal aid representing themselves 2.4 Focus on access to justice 3.4 Manage cases effectively 3.5 Be accessible and user-focused 3.6 Protect judicial independence JDG 4 P. 23 JDG 5 P. 27 JDG 6 P. 30 Improve Work Build family justice together capability 4.1 Offer a broad range of services 5.1 Establish coordinated efforts 6.1 Educate law students and 4.2 Promote consensual resolution 5.2 Include everyone legal professionals 6.2 4.3 Innovate 5.3 Be bold; Take action Expand justice education in schools 4.4 Restructure family courts 5.4 Work within institutions 5.5 Coordinate across Canada JDG 7 P. 33 JDG 8 P. 36 JDG 9 P. 42 Analyze Improve funding Innovate and learn strategies 7.1 Keep track of what is working 8.1 Develop metrics 9.1 Coordinate to spend 7.2 Share good ideas 8.2 Work with researchers in money well all fields 9.2 Better fund legal aid 9.3 Make sure the money lasts A Message from the Chair 2020 was an extraordinary year. -
Job Description
GOVERNMENT OF NUNAVUT JOB DESCRIPTION 1. IDENTIFICATION Position No. Job Title Supervisor’s Position 05-NEW Executive Legal Officer, Court Director of Court Services, Nunavut Court of Administration – Nunavut Court of Justice Justice (05-09972) Department Division/Region Community Location Justice Court Services Iqaluit Nunavut Justice Centre Fin. Code: 05660-01-1-111-0545000-01-???? 2. PURPOSE Main reason why the position exists, within what context and what the overall end result is. The Nunavut Court of Justice (NCJ) is a unified trial court administering justice to the Nunavut territory. The NCJ has a current complement of five resident puisne judges, one Senior Judge and approximately 90 deputy judges recruited from other jurisdictions. The NCJ is a superior court with all the powers and legal responsibilities of both a superior court and a provincial or territorial court. The NCJ has a plenary trial jurisdiction in all civil and criminal matters and serves as an Appeal Court for matters originating in the Justice of the Peace Court. The NCJ Court registry also serves as a registry for the Nunavut Court of Appeal and is a receiving agent for the Federal Court of Canada. The court operates on a court circuit model and regularly sits in 25 communities across the Territory. The Executive Legal Officer, Court Administration (“ELOCA”), reports to the Director of Court Services (“Director”). In addition to the tasks and responsibilities assigned by the Director, the ELOCA works in tandem with the Executive Legal Officer, Office of the Senior Judge, to carry out assignments and responsibilities tasked by the Senior Judge and as such, from time to time, is supervised by and receives direction from the Senior Judge. -
Annual Report 2019 | Court of Appeal for British Columbia I | Page
ANNUAL REPORT Court of Appeal for British Columbia 2019 TABLE OF CONTENTS 01 MESSAGE FROM CHIEF JUSTICE BAUMAN 03 REGISTRAR’S REPORT 07 STATISTICS 22 PLANNING, PRIORITIES, AND ACCESS TO JUSTICE COMMITTEE 28 RULES AND PRACTICE COMMITTEE 31 TECHNOLOGY COMMITTEE 35 EDUCATION COMMITTEE 37 JOINT COURTS TECHNOLOGY COMMITTEE 38 JUDICIAL ACCESS COMMITTEE 40 LAW CLERK COMMITTEE 41 LIBRARY COMMITTEE 42 MEMBERS OF THE COURT OF APPEAL 45 CHANGES TO THE COURT’S COMPLEMENT 53 STAFF OF THE COURT OF APPEAL 56 APPENDIX 1 - CIVIL STATISTICS 2007 – 2019 57 APPENDIX 2 - CRIMINAL STATISTICS 2007 – 2019 58 APPENDIX 3 - COMBINED STATISTICS 2007 – 2019 Annual Report 2019 | Court of Appeal for British Columbia i | Page MESSAGE FROM CHIEF JUSTICE BAUMAN The only constant in life is change, but courts are steeped in tradition. What is the value of ceremony, solemnity, advocacy, and independence when the legal problems British Columbians face are increasingly complex and the cost of legal services is already out of reach for many? Does tradition simply serve as an unhelpful anchor, preventing the court from navigating the seas of change? My answer is no. Rather than weighing the court down, these guiding principles, judicial independence being first among them, promote institutional resilience and allow the court to adapt to changing circumstances. At this point in our history, courts are grappling with questions of policy related to changes in social In a free and norms, new technology, demands for data transparency, and threats to privacy. Do courts need to democratic society, the respond to these changing conditions? Absolutely. In fact, courts and the advocates who work in them tradition of judicial must take a leadership role in mapping the way forward. -
Thesis Submitted in Conformity with the Requirements for the Degree of Master of Laws (LL.M) Graduate Department of the Faculty of Law University of Toronto
“The Life of a Reserve”: How Might We Improve the Structure, Content, Accessibility, Length & Timeliness of Judicial Decisions? by Jon Khan A thesis submitted in conformity with the requirements for the degree of Master of Laws (LL.M) Graduate Department of the Faculty of Law University of Toronto © Copyright by Jon Khan (2019) “The Life of a Reserve”: How Might We Improve the Structure, Content, Accessibility, Length & Timeliness of Judicial Decisions? Jon Khan Masters of Law Faculty of Law University of Toronto 2019 Abstract This thesis explains how judicial decisions may impact access to justice and how might we make decisions a better source of data while also making them more timely, concise, accessible, and consistent. It examines the historical and theoretical underpinnings of Canadian decisions and the relationship of decision-writing to decision-making. It then discusses the results of an original empirical study of the evolution of British Columbia trial decisions over the last forty years and a survey of Canadian courts. It argues that the current process for writing and issuing Canadian judicial decisions likely does not further the goals of access to justice and may even hinder them. To improve access to justice, it suggests that governments, academics, and judiciaries should rely on human-centered design to design standardized structures and templates for decisions, and it provides a design plan for such reforms and examines the ways judicial independence may impact such reforms. ii Acknowledgments To my advisor—Professor Andrew Green—I would have been rudderless without your direction. Thank you for motivating me to continually think about why judges do what they do and to persistently explore my intuitions about the law and what data can reveal. -
Nunavut Court of Appeal Criminal Appeal Rules
Nunavut Court of Appeal Criminal Appeal Rules Approved by the Court of Appeal XX DRAFT NUCA #3 Starts at rule # Division 1: Interpretation and Application 1 What this part applies to 1 Definitions 2 Application of civil appeal rules 3 Division 2: Starting an Appeal 4 Permission to appeal 4 Self-represented appellants 5 How to start an appeal 6 Service of the application for permission to appeal or notice of appeal 7 Method of service 8 Variation of a sentence 9 Appeals of conviction and sentence 10 Division 3: Appeal Documents 11 Preparation of Appeal Record 11 Contents of Appeal Record – conviction appeals 12 Contents of Appeal Record – sentence appeals 13 Format of Appeal Record 14 Factums in criminal appeals 15 Contents of factums 16 Format of factums 17 Other appeal documents 18 Division 4: Scheduling Oral Argument 19 Scheduling oral argument 19 Speaking to the List 20 Adjournments 21 Division 5: Applications 22 Bringing Applications 22 Application for permission to appeal 23 Judicial interim release 24 Application to admit new evidence 25 Application to reconsider a previous decision 26 Application to restore 27 Summary determination of appeals 28 Division 6: General Rules 29 Presence at appeals 29 Duties of counsel 30 Abandonment of appeals 31 Restoring criminal appeals 32 New trials 33 Scope of sentence appeals 34 Judgment in appeals 35 Requirements for all documents 36 Forms 37 Coming into force 38 Forms CRA-A to CRA-K Nunavut Court of Appeal Criminal Appeal Rules These Rules are made by the Court of Appeal under section 482 of the Criminal Code. -
Court File Number: 37878 in the SUPREME COURT of CANADA (ON APPEAL from the COURT of APPEAL of MANITOBA) B E T W E E N: NORTHERN
Court File Number: 37878 IN THE SUPREME COURT OF CANADA (ON APPEAL FROM THE COURT OF APPEAL OF MANITOBA) B E T W E E N: NORTHERN REGIONAL HEALTH AUTHORITY Appellant (Respondent) - and - LINDA HORROCKS and MANITOBA HUMAN RIGHTS COMMISSION Respondents (Appellants) - and - ATTORNEY GENERAL OF BRITISH COLUMBIA, BRITISH COLUMBIA COUNCIL OF ADMINISTRATIVE TRIBUNALS, CANADIAN ASSOCIATION OF COUNSEL TO EMPLOYERS, CANADIAN HUMAN RIGHTS COMMISSION, DON VALLEY COMMUNITY LEGAL SERVICES, and THE EMPOWERMENT COUNCIL Interveners FACTUM OF THE RESPONDENT, LINDA HORROCKS (Pursuant to Rule 42 of the Rules of the Supreme Court of Canada) Paul Champ / Bijon Roy Champ & Associates Equity Chambers 43 Florence Street Ottawa, ON K2P 0W6 T: 613-237-4740 F: 613-232-2680 E: [email protected] [email protected] Solicitors for the Respondent TO: The Registrar Supreme Court of Canada 301 Wellington Street Ottawa, ON K1A 0J1 AND TO: Pitblado LLP Supreme Advocacy LLP 2500-360 Main Street 100-340 Gilmour Street Winnipeg, MB R3C 4H6 Ottawa, ON K2P 0R3 Per: William S. Gardner, QC Per: Marie-France Major Robert A. Watchman Todd C. Andres T: 204-956-0560 T: 613-695-8855 F: 204-957-0227 F: 613-695-8580 E: [email protected] E: [email protected] [email protected] [email protected] Solicitors for the Appellant Agent for the Appellant Manitoba Human Rights Commission Gowling WLG 700-175 Hargrave Street 2600-160 Elgin Street Winnipeg, MB R3C 3R8 Ottawa, ON K1P 1C3 Per: Sandra Gaballa Per: D. Lynne Watt Heather Unger T: 204-945-6814 T: 613-786-8695 F: 204-945-1292 F: 613-788-3509 E: [email protected] E: [email protected] [email protected] MLT Aikins LLP 30-360 Main Street Winnipeg, MB R3C 4G1 Per: Thor J. -
Welcome Once Again to the Polar Barrister!
THE POLAR BARRISTER Winter 2013 Newsletter Welcome once again to the Polar Barrister! The Executive and staff of the Law Society of Nunavut are pleased to announce the return of The Polar Barrister. Through this newsletter we hope to provide regular updates from the Law Society, the Judiciary, the Law Foundation, the Nunavut Branch of the CBA and our members. We welcome news and submissions from the members! EXECUTIVE (2012-2013): President - Arthur Yuan, Iqaluit Vice President - Stephen Mansell, Iqaluit Secretary - Mark Mossey, Iqaluit Treasurer - Clare Henderson, Cambridge Bay ADMINISTRATION: Chief Executive Officer - Nalini Vaddapalli Administrator – Sandra Stekel Administrator – Gloria Putumiraqtuq Law Student – Stephanie Gauvreau Law Student – Anthony Mattila In this Edition : . Updates from the Executive . 2012 Holiday gathering pictures – Iqaluit & Rankin Inlet . Standing Column from the Nunavut Court of Justice – Meet the Judges’ Chambers Staff . New Professional Development Requirements . Standing Committees Report – Membership & Admissions Committee . Nunavut Law Foundation – Recent Initiatives . Nunavut Lawyers Assistance Program (NuLAP) – New Partnership with ASSIST . CBA NU Branch – AGM, New Executive and Justice Cromwell’s visit . Practice directive no 45 & 2013 Membership Cards . Notice to the Profession – Representation of Residential Schools Survivors . News from the Nunavut Court Library . First Air Corporate Rebate Updates from the Executive The 2012 -2013 Executive established a list of Priorities for the short and long terms that includes, for example, establishing an Inuktitut Telephone Hotline, establishing a Continuing Professional Development Policy, establishing an Investment Policy and Reserve Fund Policy, making progress on the Access to Justice issue, developing an employee benefits policy and a policy manual and developing bar exams for Nunavut. -
Citation: R. V. Lange, 2015 YKTC 43 Date: 20151127 Docket: 14-00138 Registry: Whitehorse
Citation: R. v. Lange, 2015 YKTC 43 Date: 20151127 Docket: 14-00138 Registry: Whitehorse IN THE TERRITORIAL COURT OF YUKON Before His Honour Judge Luther REGINA v. MARK LEWIS LANGE Appearances: Noel Sinclair Counsel for the Crown Gordon R. Coffin* Counsel for the Defence REASONS FOR JUDGMENT [1] LUTHER T.C.J. (Oral): This case is not about the system failing Mark Lange; rather, it is about how Mark Lange failed himself. [2] The Crown has fulfilled all the statutory requirements to proceed with the dangerous offender application. Volumes have already been written about this offender by psychiatrists, psychologists, other health professionals, probation officers, corrections personnel, teachers, social workers, and others. We have the benefit of an excellent Gladue report from Mr. Mark Stevens. *Mr. Coffin was counsel of record throughout the proceedings but was discharged by Mr. Lange on the day of judgment. At the request of the Court, Mr. Coffin graciously remained as the judgment was read. R. v. Lange, 2015 YKTC 43 Page 2 [3] From pages three to five of that report, Mark Stevens talks about the early upbringing of Mr. Lange in some considerable detail. Life Circumstances Mark Lewis Lange was born on 3 September 1975 at the Whitehorse General Hospital. His mother is M.H. Both Mark and his mother are citizens of the Na-Cho Nyack Dun First Nation in Mayo. Mark has no idea who his father is, and his mother either won’t tell him or doesn’t know. “Me and my mother, we don’t talk—we don’t even like each other,” says Mark. -
COURT of APPEAL of YUKON Citation: the First Nation of Nacho Nyak Dun V
COURT OF APPEAL OF YUKON Citation: The First Nation of Nacho Nyak Dun v. Yukon, 2015 YKCA 18 Date: 20151104 Docket: 14-YU752 Between: The First Nation of Nacho Nyak Dun, The Tr’ondëk Hwëch’in, Yukon Chapter- Canadian Parks and Wilderness Society, Yukon Conservation Society, Gill Cracknell, Karen Baltgailis, The Vuntut Gwitchin First Nation Respondents (Plaintiffs) And Government of Yukon Appellant (Defendant) And The Gwich’in Tribal Council Intervenor Before: The Honourable Chief Justice Bauman The Honourable Madam Justice Smith The Honourable Mr. Justice Goepel On appeal from: An order of the Supreme Court of Yukon, dated December 2, 2014 (The First Nation of Nacho Nyak Dun v. Yukon (Government of), 2014 YKSC 69, Whitehorse Docket 13-A0142). Counsel for the Appellant: J.B. Laskin, J. Terry, J. Roth, M. Radke Counsel for the Respondents: T.R. Berger, Q.C., M.D. Rosling, C.P.S. Riley Counsel for the Intervenor: J. Langlois Place and Date of Hearing: Whitehorse, Yukon August 20, 21, 2015 Place and Date of Judgment: Vancouver, British Columbia November 4, 2015 Written Reasons by: The Honourable Chief Justice Bauman Concurred in by: The Honourable Madam Justice Smith The Honourable Mr. Justice Goepel The First Nation of Nacho Nyak Dun v. Yukon Page 2 Table of Contents I. INTRODUCTION ............................................................................................. 4 II. FACTS ............................................................................................................ 4 Umbrella Final Agreement ..................................................................................... -
Supreme Court of British Columbia
` Annual Report 2019 Supreme Court of British Columbia www.bccourts.ca TABLE OF CONTENTS REPORT OF THE CHIEF JUSTICE AND THE ASSOCIATE CHIEF JUSTICE .......................... 1 JURISDICTION OF THE COURT ....................................................................... 13 CHANGES TO THE COURT’S COMPLEMENT ...................................................... 16 EXECUTIVE COMMITTEE .............................................................................. 24 CIVIL LAW COMMITTEE .............................................................................. 25 CRIMINAL LAW COMMITTEE ........................................................................ 26 EDUCATION COMMITTEE ............................................................................ 28 FAMILY LAW COMMITTEE ........................................................................... 30 JOINT COURTS TECHNOLOGY COMMITTEE ....................................................... 32 JUDICIAL ACCESS POLICY WORKING COMMITTEE .............................................. 33 LAW CLERKS COMMITTEE ........................................................................... 35 LIBRARY COMMITTEE ................................................................................. 37 PUBLIC AFFAIRS COMMITTEE ....................................................................... 38 JUDGES OF THE SUPREME COURT .................................................................. 40 MASTERS OF THE SUPREME COURT ............................................................... 49 REGISTRARS -
Job Description
GOVERNMENT OF NUNAVUT JOB DESCRIPTION 1. IDENTIFICATION Position No. Job Title Supervisor’s Position 05-_______ Deputy Sheriff Deputy Sheriff, Sergeant (05-13981) Department Division/Region Community Location Justice Court Services Iqaluit Nunavut Justice Centre Fin. Code: 05600/ 01/ 1/ 111/ 0540010/ 01 2. PURPOSE Main reason why the position exists, within what context and what the overall end result is. Under the direction of the Deputy Sheriff, Sergeant, the Deputy Sheriff is a uniformed Peace Officer responsible through statutory authority for: security, prisoner management, and civil enforcement duties in relation to the Justice of the Peace Court, Nunavut Court of Justice, and Nunavut Court of Appeal at the Nunavut Justice Centre in Iqaluit and circuit court sittings throughout the Territory. Deputy Sheriffs rotate through four units operating within the Sheriff’s Office and are responsible for performing the duties in each unit covering provost prisoner management, court facility security and equipment control, civil enforcement and jury and document administration. Deputy Sheriffs, as Peace Officers, operate under section 2 of the Criminal Code of Canada and section 77 the Judicature Act of Nunavut. They are armed with weapons and force option tools and may be required to use necessary force in the execution of their duties to protect people from grievous bodily harm or death. The Deputy Sheriff performs a key role of being one of the first points of contact for Legal professionals, members of the RCMP, the media and the public upon entering the Justice Centre; initiates communication and provides assistance in directing patrons to court resources. Responsible for the day to day security of buildings occupied by the Judiciary, Court Services personnel, Quasi-Judicial staff, counsel and court operations throughout the Territory of Nunavut (including 24 circuit court locations outside Iqaluit). -
Independent Assessment Process
Independent Assessment Process FINAL REPORT Independent Assessment Process Oversight Committee 2021 IF YOU ARE FEELING PAIN OR DISTRESS BECAUSE OF YOUR RESIDENTIAL SCHOOL EXPERIENCES YOU CAN CONTACT A 24-HOUR CRISIS LINE AT 1-866-925-4419 TABLE OF CONTENTS Chapter 1: Introduction 6 Chapter 2: The Legacy of Residential Schools in Canada 9 History of Residential Schools in Canada 9 The Residential School Experience 10 Chapter 3: The Indian Residential Schools Settlement Agreement 13 The Quest for Redress and Healing 13 Litigation 13 Dispute Resolution and The Alternative Dispute Resolution Program 16 Healing and Reconciliation 20 The Indian Residential School Settlement Agreement 20 Chapter 4: The Independent Assessment Process 23 Objectives of the IAP 23 Resolving Litigation 23 Reconciliation 23 Healing – A Claimant-Centred Process 24 Operational and Administrative 25 Summary 26 The Independent Assessment Process 26 The IAP Claim and Pre-Hearing Processes 28 Applications and Admission of the Claim 28 Document Collection 29 Pre-Hearing Teleconferences 29 Negotiated Settlement Process 29 The IAP Hearing 29 Post-hearing Processes 32 Short Form Decisions 32 Expert Assessments 32 Final Submissions 32 Alleged Perpetrator Hearings 33 Decisions and Compensation 33 The Decision 33 Reviews 34 Compensation Payment 34 Legal Fees and Fee Reviews 34 The IAP Administrative and Governance Framework 34 The Courts 35 Court Monitor 35 National Administration Committee 35 Oversight Committee 36 Chief Adjudicator 36 Indian Residential Schools Adjudication Secretariat