Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m S E P T E M B E R 2 0 1 6 9 T he Supreme Court of Canada, in R. v. Jordan, has set new rules for the right to be tried within a reasonable time in criminal mat- ters. The problem of delays affects all regions of the country and Quebec has been grappling with the issue for a long time. "A culture of complacency towards delay has emerged in the criminal jus- tice system," the court wrote. Claudia Prémont, the Bâtonnière du Québec, acknowledged the shock the decision had on the province's legal community, calling it a thunderstrike. She wrote a letter to the media, calling for quick and tangible action to improve access to justice, and not only in crimi- nal matters. The time frame for civil cases, family law disputes and even small claim cases have become unbearable, she wrote. Although the main players of the justice milieu, including the Barreau itself, have put in place efficient access to justice measures with good results, it has proved insufficient to solve the colossal problems the system faces. The new Code of Civil Procedure, which encourages alternative dispute resolu- tions, and the profession's new Code of ethics, are examples of such tools, Prémont says, but more is needed and more resources are needed. The Bâtonnière has pleaded for both federal and provincial governments to increase its financing of the justice system, which, she says, gets very little compared with other public services. The Barreau has asked for a better bud- getary balance between these services since 2009, she wrote. The Bâtonnière says concrete mea- sures that would help significantly would be: tax measures aimed at easing access to the justice system; reform of the Criminal Code's mandatory mini- mum sections since the recent modifi- cations have increased the clogging up of the courts; and, finally, a summit on justice in order to feed the collective reflection on the problem. — PE \ AT L A N T I C \ C E N T R A L \ W E S T REGIONAL WRAP-UP QUEBEC BAR SHOCKED BY SCC DECISION ON DELAYS A WORLD LEADER IN LAW SCHOOL LIFELONG LEARNING Secure your spot now for Fall CPD Programs > osgoodepd.ca/fallcpd Learn from Leading Minds Focus on your professional development with practical, relevant and timely programs led by the leading legal minds in Canada. Untitled-2 1 2016-08-12 9:04 AM

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