NCJ Number
117500
Date Published
1989
Length
72 pages
Annotation
After describing Canada's present court system, this Law Reform Commission working paper analyzes its shortcomings, considers the case for reform, and recommends improvements.
Abstract
Currently there is significant diversity in the number of levels and the jurisdiction of criminal courts across Canada. The present diversity stems largely from the division of legislative responsibilities between the Federal and provincial governments. There are two basic models of criminal court jurisdiction in Canada: a three-level system and a two-level system. Reform of the current criminal court system is justified by the need to reduce delay by all possible means, to eliminate the complexity and confusion inherent in the present structures, and to remove the characteristics of the system that perpetuate the appearance of hierarchies. Although there are several models that could replace the present court structures in the Provinces, the Law Reform Commission recommends a unified court model as having the potential to solve all the problems in the present system. Delays would be reduced to a minimum since there would be no transfers of cases between courts. It would also be ideally suited as a vehicle for introducing sophisticated caseflow management principles and techniques into the courts. There would be no confusion as to the jurisdiction of the court or the powers of the particular presiding judges. Specific recommendations pertain to the criminal court, appointments, and immediate reform. Appended supplementary material, 115 footnotes.