Showing posts with label administration of justice. Show all posts
Showing posts with label administration of justice. Show all posts

Thursday, May 30, 2013

eCourts in Canada

My post @SlawTips today looks at the calls for technological modernization of Canada's court system.
It may seem like equal parts pipe dream and unscheduled inevitability, but in the context of an acknowledged access to justice crisis in Canada, the call for technological modernization of our nation`s courts seems to be approaching critical mass. 
What will this brave new future look like? How can we ready our practices?
What are the likely features and implications of the eCourts of this possible, not-to-distant future? Assuming that it's not all just science fiction and that these changes really are coming, how can we begin to adapt and prepare - and advocate - for the innovations that may soon be upon us?

Frankly, I was probaby a bit nicer about this topic in my SlawTips post than I needed to be - but Slaw (except for Mitchis a much nicer place than Wise Law Blog, after all.

To pull fewer punches, the delay in implementing these changes is inexcusable and embarrassing.  This is not rocket science.  All the necessary technologies exist and have existed for quite some time. Many American jurisdictions already have eCourt systems in place. Some Canadian courts, like the Supreme Court of Canada, are already well on the way in this regard.  Other Ontario government services like land registry, corporate registration and corporate search are fully digitized and online.  Yet these long-overdue civil justice reforms, despite numerous starts and stops over the last decade-plus, haven't moved forward an inch.

The systematic failure to achieve digital court reform continues to be a direct cause of unnecessary litigation delays, lost and misplaced documents at courthouses and intolerable environmental waste.  It makes the lives of lawyers, litigants, judges and all "stakeholders" (a word I'd like to banish from the English language) more difficult and stressful.  And it continues to cost our clients money they can't afford.

The time for change is now.

For more, see: eCourts: Prepare for Change

- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Friday, June 17, 2011

Chief Justice Warren Winkler at Family Law Summit

Ontario Court of Appeal Chief Justice Warren Winkler has just completed a impassioned speech at the 5th Annual Family Law Summit at Toronto.

Continuing his call for reform to Ontario's family law system, and underlining his postion that the entire system is broken and needs restructuring from the ground up, Mr. Justice Winkler emphasized the need for change now.

Here are Justice Winkler's key, quoteworthy points (reproduced, in part from our live-tweets):
  • The Family law system in Ontario needs reform now. He intended his September 2010 comments as a lightning rod for change to the whole system. He observes that much dialogue has resulted.
  • Trend in Family Law: The well-to-do are opting out of the system and choosing private mediation/arbitration; Others going self-rep (up to 70% in Toronto)
  • Asks if we are trending toward a two-tiered system? Notes Canadians don't like two-tiered systems.
  • Family law system needs affordability, timing, efficiency.
  • He proposes "presumptive judicial mediation" as cornerstone of new system..
  • Justice Winkler's proposal: Triage Judge to handle cases that can't or shouldn't be mediated. The Triage judge will send an immediate message: It "won't be pleasant" for those acting badly
  • Access to justice is a double-edged sword - it can also be used by one party to harass the other. The family justice system should not be permitted to be used to perpetrate wrongful conduct by either party. We must "take the system out of play"
  • Under his proposed new system, every court attendance must be meaningful. Must eliminate wasteful court appearances.
  • Need system of "one family, one judge"
  • Goals of new family law system - Must be cheap, simple, understandable and affordable
  • We have "studied" Unified Family Court far too long. Need UFC's across the Province now.
  • He is committed to getting this change done now, and asks family law bar to help make it happen.
- Garry J. Wise, Toronto
Visit our Toronto Law Firm website: www.wiselaw.net

Wednesday, September 15, 2010

Canadian Forum on Court Technology

The Canadian Centre for Court Technology, a high-powered national think tank comprised of judges and leading justice sector participants, will be convening an impressive conference on court technology in Ottawa later this month.

As noted at the CCCT website, the conference agenda provides a nice window as to where our nation's justice system is heading, technologically speaking:

The CCCT-CCTJ is delighted to announce a unique national event: the Canadian Forum on Court Technology (CFCT-FCTJ). It will take place in Ottawa on September 22 and 23, 2010. All details are available on the CFCT-FCTJ website.

The Forum will feature the following keynote speakers:

  • The Honourable Madam Justice Louise Charron, Supreme Court of Canada;
  • The Deputy Minister to the Premier of British Columbia, Allan Seckel;
  • The author of “The end of Lawyers”, Richard Susskind.

Here is a sample of the 22 sessions which will be offered. For more details, look at the program.

  • Judging in 2020: In a Courtroom or on the Web?
  • An Introduction to E-Discovery and its Impact on Trials
  • The Use of Court Statistics
  • A Virtual Day in Court: Online Dispute Resolution
  • Whose Information is it Anyway?
Thanks to Mike F. for pointing us to this event.
- Garry J. Wise, Toronto

Visit our Toronto Law Firm website: www.wiselaw.net

Thursday, April 15, 2010

"Nearly Half" of Toronto Court Interpreters Fail A.G.'s Competency Test

A very serious indictment of court interpreters' services in the Toronto area from the Attorney General's offices:

The results of a controversial test for court interpreters in the Toronto area could lead to widespread delays in trials and new grounds of appeal for defendants convicted of serious crimes.

Nearly half of all court interpreters in the Greater Toronto Area, some with more than two decades of experience, were informed this week they had failed a new test administered last year.

Of the 225 people tested, 108 did not receive a passing grade, according to the Ontario Ministry of the Attorney-General. Many more received a conditional pass. The province declined to reveal exactly how many interpreters met the standard for full accreditation.

- Garry J. Wise, Toronto

Visit our Toronto Law Firm website: www.wiselaw.net

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