Observational analysis reviews delays and backlog in the Ontario Court of Justice, indicating a need for reform.
Canadian courts have been struggling with delay and backlog for decades. Unnecessary and excessive delay in courts is an ethical issue which results in suffering by litigants and witnesses and dilutes the quality of justice. When the COVID-19 pandemic hit, the situation became dire. Now that the pandemic has been declared over, we have an opportunity to take note of where things stand. This article looks at the current state through an analysis of the Ontario Court of Justice, and the decision in R. v C.L. As will become apparent, judges are doing all they can under the circumstances and any solution to the current conditions requires a renewed discussion of alternative models of court administration and judicial independence. The paper concludes with the suggestion that it is time to take a fresh look at the recommendations found in Masters in their own house and Administering Justice For the Public.
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Bruce Preston (2023) studied this question.
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