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Report on continued court reform in Ontario PDF

32 Pages·1991·1.5 MB·English
by  CampbellG. A
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Preview Report on continued court reform in Ontario

FFD 2 3 1996 ONTARIO ministr y of the ATTORNEY GENERAL LAW LIBRARY Report on Continued Court Reform in Ontario KF 8732 058 1991 Ontario. Court of Justice (I Report on continued court reform in Ontario KF 8732 058 1991 Ontario. Court of Justice O Report on continued court reform in Ontario MINISTRY OF THE attorney general law library ONTARIO MINISTRY OF THE ATTORNEY GENERAL law library ONTARIO COURT OF JUSTICE (PROVINCIAL DIVISION) CHIEF JUDGE'S COURT REFORM SUB-COMMITTEE OF THE EXECUTIVE COMMITTEE Report on Continued Court Reform in Ontario October 17, 1991 ONTARIO COURT OF JUSTICE (PROVINCIAL DIVISION) CHIEF JUDGE’S COURT REFORM SUB COMMITTEE OF THE EXECUTIVE COMMITTEE Report on Continued Court Reform in Ontario The Honourable Mr. Justice Peter D. Seaton last month tabled the report of his "'Court Reform Task Force" in Calgary. At pages 31 and 41 it is reported that: "...there are trends or currents in court reform. The first is a concern with access to justice, with access being broadly defined to include the easing of economic, physical and intellectual barriers to effective participation in the legal process. The second area pertains to efficiency of court administration and court procedure." "...nothing is more important to court reform than the enhancement of public respect for and confidence in the courts. It is that respect and confidence that give the courts their moral authority to judge and which help ensure satisfaction with their decision." "...respect and confidence are not the same things as popularity and that justice is not the untamed will of a largely uninformed majority." The two Associations of Family and Criminal provincially appointed judges strongly advocate that in order to achieve a much better level of public access to judicial services, the governments (federal and provincial) should forthwith a) expand the existing Ontario Model of the Unified Family Court, on a Superior Court basis, across the entire province and b) implement a fully Unified Court of Criminal jurisdiction for the entire province forthwith. In early 1991, Chief Judge S. B. Linden struck a Committee under the chairmanship of Regional Senior Judge G. A. Campbell, consisting of representatives from diverse geographic areas, from Digitized by the Internet Archive in 2017 with funding from Ontario Council of University Libraries https://archive.org/details/mag_00006676 2 - - both criminal and family areas of functional specialization and from both Associations. Research, meetings, discussions and collaboration with colleagues have occurred, in order to attempt to ascertain if a consensus of opinion exists as to the proper implementation of the next stage of Court Reform in Ontario. This paper contains proposals for suggested positive court reform. This Committee proposes that to further meet the needs of this province's public the provincial government facilitate the immediate implementation of the following reform to the present structure of the Ontario Court of Justice. These reforms need not be introduced together but when implemented will ultimately improve the entire administration of justice and the public's confidence and respect therefor. A) A one-tier Unified Family Superior Trial Court offering the equivalent of 'local-court' services, located on the broadest of geographical base, with 'dual-patent', permanent judicial appointments to include, exclusively, all family, child welfare and young offender matters, as a specialized and separate 'division'. This Division should have its own Associate Chief Justice, with full and exclusive management authority, reporting only to the Chief Justice of Ontario of the Ontario Court of Justice. This reform should be implemented expeditiously, throughout all locations in the entire province in which the provincial division presently presides.; B) As an interim/temporary measure, and pending a full implementation of the Vanek Report recommendations, which were submitted to the Zuber Commission, the immediate reform of the criminal-judicial process by amendment to the Criminal Code to expeditiously introduce the 'Quebec Criminal Court Model' province-wide, to allow that all judge-alone criminal trials be presided over exclusively

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