Criminal Courts and Court Personnel

Bone, Jennifer. (2015). “Failure to Fund:The Link between Canada’s Legal Aid Crisis and Unconstitutional Delay in the Provision of State-Funded Legal Counsel” in National Journal of Constitutional Law, 35(1): pp.1–28.

This article argues that delay resulting from the court-order process system is attributable to the state and must be assessed under s. 11(b) of the Charter, which guarantees the right to be tried within a reasonable time.

Burton, S. (2015). What Self-Represented Litigants (Actually) Want. LawNow39(6), 40–42.

The author summarizes the findings from “The National Self-Represented Litigants Project: Identifying and Meeting the Needs of Self-Represented Litigants” (2013)

This qualitative qualitative study asked over 250 self-represented litigants from Ontario, Alberta, and British Columbia about their  experiencesin the Canadian Courts.

Hall-Coates, Shauna. (2015). “Following Digital Media Into the Courtroom: Publicity and the Open Court Principle in the Information Age” in Dalhousie Journal of Legal Studies, 24: pp.101–139.

According to the abstract, this article “examines the debate on the use of digital devices in the courtroom from the perspective of the “open court principle,” as articulated in both law and general jurisprudential theory.”

Maurice, Lisanne O. (2015). “The Defence Counsel’s Ethics in Plea Bargaining: Losing Sight of the Innocent?” in Juridical Current, 18(4):pp.74–97.

The point of this piece is to show that, to the exception of the Canadian Bar Association Model Code of Professional Conduct, there is little guidance on ethics in the plea bargaining process.

Marinos, V., & Whittingham, L. (2019). The role of therapeutic jurisprudence to support persons with intellectual and developmental disabilities in the courtroom: Reflections from Ontario, Canada. International Journal of Law & Psychiatry63, 18–25.

The authors explore the potential of problem- solving courts 

(specifically mental health courts) to address some of the unique needs of individuals with intellectual disabilities.

Pound, Richard W. (2014). Made in Court: Supreme Court Decisions That Shaped Canada. Ontario: Fitzhenry & Whiteside.

This book discusses 50 Supreme Court cases demonstrate how Canada’s Supreme Court has effectively shaped much of what Canadian society is today.

Rodrick, Sharon. (2014). “Achieving the Aims of Open Justice? The Relationship between the Courts, the Media and the Public” in Deakin Law Review, 19(1): pp.123–162.

This article begins by outlining what the principle of open justice is intended to achieve and then goes on to investigate the nature of the relationship that exists between the courts and the media, and between the media and the public, and suggests that these relationships are not always conducive to realizing the aims of open justice.

Ursel, Jane, Leslie M. Tutty and Janice leMaistre (eds). (2008). What’s Law Got to do With It? The Law, Specialized Courts and Domestic Violence in Canada. Toronto: Cormorant Books.

This book examines changes in the Canadian justice system from the introduction of protection order legislation, to family law, to changes in criminal court procedures.

Watts J, Weinrath M. The Winnipeg Mental Health Court: Preliminary findings on program implementation and criminal justice outcomes. Canadian Journal of Community Mental Health. 2017;36(1):67-82.

This article presents preliminary evaluation findings on the operation of the Winnipeg Mental Health Court, first establishe in 2012.  The authors report that participation in the Mental Health Court appeared to reduce justice system contact, supporting at least initial optimism about these speicalized problem-solving courts.

Weinrath, M., Gorkoff, K., Watts, J., Smee, C., Allard, Z., Bellan, M., … Cattini, M. (2018). Accessing drug treatment courts do age, race or gender matter? Australian and New Zealand Journal of Criminology51(4), 619–637.

This article explores the influence that age, gender, and Indigenous status had on referrals to the Winnipeg Drug Court.

CASES CITED

Henry v British Columbia (Attorney General), 2015 SCC 24

R v Kokopenace, 2015 SCC 28

R v Mentuck, 2001 SCC 76

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