Canadian Lawyer - sample

November/December 2016

The most widely read magazine for Canadian lawyers

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w w w . C A N A D I A N L a w y e r m a g . c o m N O V E M B E R / D E C E M B E R 2 0 1 6 9 ious backlogs that can be avoided by using technology that is already available to us or can be easily added." Other measures include a call on prosecutors to divulge more evidence to defence lawyers and faster, including via email rather than in person in court. The plan also calls for the increased use of retired judges to help both sides reach closed-door settlements before they are announced in open court. The plan also calls for a more prodi- gious use of judicious facilities. Vallée didn't back away from com- ments she made in September when she suggested trials be held during the sum- mer months to help the justice system digest the 100,000 court cases that are heard annually in Quebec. Her comments generated a headline in the province's biggest daily, Le Journal de Montréal, that read "Fini les vacances pour les palais de justice" (or "Summer vacation over for courthouses"). "We need to make sure that our court- houses are being used to their capacity every day," says Vallée. "Some judges can do better in that regard." She also notes that she made the com- ments in the aftermath of the Sept. 20 ruling by Superior Court Justice James Brunton, who placed a stay of proceedings in a case against Hells Angel Salvatore Cazzetta and three other men accused of selling contraband tobacco. The judge blamed an 18-month delay in proceedings on prosecutors, referring to the Jordan decision handed down by the Supreme Court of Canada in July, which set limits of 18 months for provincial courts and 30 months for Superior Court in which an accused should reasonably expect to have a trial. Vallée called the Jordan decision "a galvanizing moment" for the action plan working group, which met three times between March and September. "It gave us the impulsion to put all of our energies into the process we were well engaged in," says the minister. She defended the absence of any addi- tional resources in the action plan, saying the results of the proposed actions "would help to identify where additional monies could be best spent." Quebec spends less than $1 billion a year on justice or less than 1 per cent of the province's $102-billion budget. For his part, Judge Fortier said he welcomed the action plan and its call to arms for optimal performance by all participants in the justice system, judges included. "I don't mind working during the summer, because that means I can go on vacation in the fall, when it's cheaper to travel," he told Canadian Lawyer. "But don't forget that in order for our courts to work, we need judges, clerks, the parties, experts and witnesses. Even in a simple case that takes two or three days, we need to get eight people together. In more complex trials that can last months, we need 25 people. — MARK CARDWELL \ AT L A N T I C \ C E N T R A L \ P R A I R I E S \ W E S T REGIONAL WRAP-UP A World Leader in Lifelong Law School Learning OsgoodePD makes it easy for you to get the CPD hours you need with high quality and practical programs. Make the most of your time and choose to attend in person, via webcast, or browse through our selection of On Demand offerings. Get started today at osgoodepd.ca/getyourcpd OSGOODE PROFESSIONAL DEVELOPMENT CONTINUING LEGAL EDUCATION OsgoodePD has been approved as an Accredited Provider of Professionalism Content by the LSUC. OsgoodePD has the CPD you need, when you need it. Untitled-4 1 2016-10-25 3:29 PM

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