Speedy trials

This story, from the Globe, echoes a point I have made repeatedly (albeit in the Post) -- criminal trials (and civil and family trials) take too long. We have to ensure there is full disclosure -- and there are endless problems with disclosure -- but most Charter fights aren't worth the candle. At base we need fair, but speedy, trials so that matters get resolved one way or another and people can get on with their lives.

Full story here: http://www.theglobeandmail.com/news/opinions/the-slowly-grinding-wheels-of-canadian-justice-are-a-scandal/article1310423/

In March, 2004, British police arrested a group of men in connection with a bomb plot linked to al-Qaeda that, if successful, would have killed hundreds of people.

Simultaneously, Canadian authorities arrested Momin Khawaja, an Ottawa computer specialist, and charged him with being part of the same plot.

Almost 21/2 years ago, in April, 2007, five of those arrested in Britain were sentenced to life in prison for the conspiracy, in a trial that had lasted more than a year. In other words, it took about two years from arrest to the beginning of trial and about three years to conviction.

In Canada, by contrast, Mr. Khawaja was found guilty in October, 2008, of five counts of assisting the British terrorists and not guilty of two others. It took five more months for him to be sentenced, and his term of 101/2 additional years in prison (he spent five years in jail awaiting trial) is being appealed as too lenient by the Crown and too harsh by his counsel.

In other words, it has taken much longer in Canada to get a conviction and final sentencing than in Britain for the same crime. How come?

The Khawaja case illustrates, as do so many others, how slowly the wheels of justice too often move in Canada.

...

A few judges have spoken out on the delays. Michael Moldaver, an Ontario Court of Appeal judge, has warned that the criminal justice system is “on the verge of collapsing under its own weight.”

University of Toronto law professor Michael Code [he's now a judge, JCM] has argued that the perception is growing that the criminal trial system is dysfunctional and that the legal profession bears considerable responsibility for this state of affairs.

Mr. Code, with former judge Patrick Lesage, also produced a report for the provincial government into how to handle complex criminal trials better.

He, and others reformers, have suggested expanding the power of judges to dispense with endless pretrial motions, tightening the forms of disclosure and changing the legal-aid system to reward brevity. Mr. Bentley [Ontario A.G.] is particular annoyed at the many adjournments that plague the trial system.

The Charter, beloved of all lawyers, has introduced whole new layers of argument and appeals within the legal system, especially since the Supreme Court's rulings in Charter cases have generally favoured the accused, as was evidence in the judge's first ruling in the Khawaja case.