NCJ Number
86299
Date Published
1979
Length
96 pages
Annotation
This essay discusses the value dimensions, the constitutional constraints, and the practical considerations which must be considered in shaping policies to expedite justice in Canada.
Abstract
The opening section examines the possible reference points for measuring court delay and numerical standards for expeditious justice. In subsequent sections, the limits and constraints on expeditious justice are considered. While efficiency is an important value in the justice system, there are other possibly competing values integral to the justice system, notably judicial independence, high quality of the judicial process, public convenience and confidence, and the accessibility of the courts. Apart from the values which limit expeditious justice, there are constitutional and budgetary constraints. Regional disparity in justice services and judicial traditions also impact expeditious justice. An advanced statistical information system is an essential tool for expediting justice, so the statistical dimensions of justice and the statistical information system are discussed. The text analyzes the criteria for determining the number of required trial and appellate judgeships and offers examples of numerical criteria. Models for expediting justice are described and illustrated, and the causes and dangers of court delays are considered. Canadian data and studies are analyzed in detail. In the appendix, selected statistical figures are used to illustrate the caseload crisis in Canada and elsewhere. A total of 185 footnotes are listed.