Canadian Lawyer

May 2009

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LEGAL REPOR T: CRIMINAL LAW AND FORENSICS some time been saying justice delayed is justice denied. Today, he commends the Superior Court and the work being done to increase the speed at which cases get to trial. "There were some real serious problems going back, I'd say three years ago. Family law cases, for example, were just not being heard in the Ottawa region and that is very problematic, because custody, access, and support, you need that dealt with promptly," says Morton. The problem was, in part, a lack of judges. When Ontario Superior Court Chief Justice Heather Forster Smith opened the courts in September 2008, she recalled the issues of judicial vacan- cies facing the courts only a year ear- lier. "You may recall at the opening of the courts in 2007, I noted the worry- ing possibility that our anticipated two dozen or so vacancies at the Superior Court would not be filled in a timely manner," said the chief justice. "I was very concerned that this complement shortage would have a serious impact on the administration of justice in Ontario. I am very pleased to report all those vacancies have been filled." Not only was the province in a place McWilliams' Canadian Criminal Evidence, Fourth Edition The Honourable Justice S. Casey Hill, Prof. David M. Tanovich, Louis P. Strezos (General Editors) Contributions from academics and practitioners including Professor Benjamin L. Berger, Nikos Harris and Professor Ronalda Murphy Renowned as the authority, McWilliams' Canadian Criminal Evidence, Fourth Edition, also available online, offers an understanding of how the rules operate at the admissibility stage and when judges come to deal with evidence either in their reasons or in the charge of the jury. It includes the perspectives of criminal law experts from the bench, bar and academia. Looseleaf & binders (2) • $429 • Releases invoiced separately (2-3/yr) P/C 0496034000 • Vol. 1/2 ISBN 0-88804-371-6/-442-9 NEW EDITION COMING SOON! Cox's Criminal Evidence Handbook Harold J. Cox and Gregory Lafontaine Current, easy-to-use and portable, this book codifies the whole body of criminal evidence in one resource. Inside you'll find landmark decisions along with other cases that have shaped the law of evidence. Each point of law is summarized as a precept, followed by a listing of relevant case law, so you can review an entire topic in a matter of seconds. Hardbound • Approx. 700 pp. • May 2009 • Standing order $105 P/C 0265140999 • Current edition only $115 • P/C 0265010002 • ISSN 1201-253X Also available Forensic Evidence in Canada, Second Edition Editor-in-Chief: Gary Chayko; Associate Editor: Edward Gulliver Hardbound • 652 pp. • 1999 • P/C 0281010002 • $159 • ISBN 0-88804-300-7 For a 30-day, no-risk evaluation call: 1 800 263 2037 or 1 800 263 3269 www.canadalawbook.ca Canada Law Book is a Division of The Cartwright Group Ltd. • Prices subject to change without notice, to applicable taxes and shipping and handling. 38 M AY 2009 www. C ANADIAN Law ye rmag.com CA007 (CL 1-2is).indd 1 4/2/09 2:57:33 PM CL0409 to have a full complement of Superior Court justices by November 2008, Smith said the federal government provided "a small increase to the complement of Superior Court justices of Ontario for the first time since 1995." Ontario got eight of the 20 superior court justices added to benches across the country. According to Smith, the goal of the new judges was "to address pressures in fam- ily proceedings." The new judges were announced in June 2008 and provided for additions to the benches of Ontario, Quebec, Newfoundland and Labrador, Nova Scotia, New Brunswick, and Nunavut. "This government continues to be guid- ed by the principles of merit and legal excellence in the selection and appoint- ment of judges to Canada's provin- cial, superior, and federal courts while remaining vigilant in seeking linguistic competence in both official languages," says Justice Minister Rob Nicholson's press secretary Darren Eke in an e-mail to Canadian Lawyer. "Each and every one of the 222 judicial appointments to the Canadian judiciary made by this government to date reflects these principles." As of the opening of the courts in September 2008, Ontario had already filled six of the eight new positions. By March 2009, Ontario had 205 Superior Court justices and 68 supernumerar- ies. While the province did have seven vacancies at the Superior Court level, all came in the first three months of 2008. "The Superior Court is extraordi- narily grateful for all of the supportive efforts, to date, by the bar, the Ontario Ministry of the Attorney General, and, particularly, by the federal minister of Justice, in addressing this challenge to our stretched judicial complement," Smith said at the opening of the courts last fall. Morton says the potential speed to

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