Judicial Case Backlog

From: J Birch Sent: Friday, June 5, 2020 2:01:54 AM To: justin.trudeau@parl.gc.ca <justin.trudeau@parl.gc.ca>; Chrystia.Freeland@parl.gc.ca <Chrystia.Freeland@parl.gc.ca>; GlobalOttawa@globalnews.ca <GlobalOttawa@globalnews.ca>; dujarric@un.org <dujarric@un.org>; tips@GlobalTVBC.com <tips@GlobalTVBC.com>; news@skynews.com <news@skynews.com>; Secretary@HHS.gov <Secretary@HHS.gov>; contact.nbcnews@nbcuni.com <contact.nbcnews@nbcuni.com>; jedmiston@nationalpost.com <jedmiston@nationalpost.com>; info@bnn.ca <info@bnn.ca>; Sky.Today <Sky.Today@sky.uk>; nytnews@nytimes.com <nytnews@nytimes.com>; doug.fordco@pc.ola.org <doug.fordco@pc.ola.org>; david.penberthy@news.com.au <david.penberthy@news.com.au>; media@gatesfoundation.org <media@gatesfoundation.org>; Jagmeet.Singh@parl.gc.ca <Jagmeet.Singh@parl.gc.ca>; dir_enq@cso.gov.hk <dir_enq@cso.gov.hk>; jason.kenney@parl.gc.ca <jason.kenney@parl.gc.ca> Subject: Judicial Case Backlog (Opinion)

I was reading a story about the judicial system during the pandemic and the cases that have been left unresolved. I was thinking of options to help in this regard and I think we should create a triage based system to prioritize and evaluate the caseload on a time sensitive scale. These cases can be reviewed for non violent offences where there is no direct victim. These would be administered through motion and correspondence according to the criminal code of Canada sentencing guidelines for non violent offences under the alternative measures section of the Criminal Code of Canada. You can prioritize violent offences or ones where a victim needs justice and start to administer and oversee these cases through socially distant proceedings or digitally. These proceedings can be recorded and as per the privacy act be made available for independent review if necessary. This way you are able to focus on more serious cases while ensuring justice and support measures are enacted in the deferred cases if applicable. In relation to family court you can schedule a triage system for cases based on the requisite timetables and perhaps review cases through digital means, emails, recorded statements or motions to operate the administrative parts of the cases and create a staggered schedule for in person hearings or meetings. Traffic and small claims matters can be administered in a distant method using a similar combination of litigation options and telephone or digital legal counsel. Our existing public defenders can be utilized from home to provide advice and lawyers can also advise their clients directly to limit in person consultation. Disclosure or other legal motions and materials can be faxed, emailed or couriered to and from with full safety and quarantine options for paper disclosure. I would also schedule police testimony to be completed remotely from the station if possible and utilize body cam footage for cases. Court reporters can utilize the proceedings recording to diarize the proceedings and administer orders for transcripts digital and physical. Non violent cases might be resolved through a combination of community service, restitution or rehabilitation measures while we focus on more serious and time sensitive cases. If we consult with our lawyers and legal professionals we should be able to align on a procedure for each judicial division depending on their specific needs. If we can utilize alternate measures for administration of cases as well as triage based scheduling it might help us alleviate some of the backlog and still ensure that the administration of justice continues for all citizens. Stay Safe, Stay Sanitized and Stay Supportive, John Ames Birch @johneames2