NCJ Number
86059
Date Published
1980
Length
12 pages
Annotation
This conference paper discusses features of the Canadian court system which are responsible for malfunction and suggests reform measures.
Abstract
Costly delays take place at every stage of the judicial process, both before and after court intervention is formally invoked. There are three major sources of delay, namely, the law itself, the lawyers, and the court. Many delays imposed by statute are unreasonable and tend to work to the advantage of the dilitory litigant. Delays caused by lawyers are the most difficult to evaluate; most have no policing mechanism other than the vigilance of the opposite party in the suit. Crowded dockets, the shortage of judges, limited courtroom space, and inadequate support personnel all combine to produce court delays. In addition, the sense of secrecy surrounding the whole judicial process contributes not only to delay and expense but also to doubts regarding the acceptability of the final result. Experimentation with several reform measures is suggested. These measures include greater court control over the development of the record from the time of writ issuance, individual dockets, provision for the separate trial of various issues of law and of fact arising as the record develops, and greater reliance on written material rather than oral evidence. No references are cited.