The Final Report on Early Case Consideration of the Steering Committee on Justice Efficiencies and Access to the Justice System

The Mandate of the Early Case Consideration Subcommittee

It is against this backdrop that the Justice Efficiencies and Access to Justice Steering Committee[21] mandated the Early Case Consideration Subcommittee, composed of The Hon. Chief Justice Joseph P. Kennedy, Supreme Court of Nova Scotia, The Hon. Chief Judge Raymond E. Wyant, Manitoba Provincial Court, Murray Segal, Deputy Attorney General, Ontario Ministry of the Attorney General, Terrence J. Matchett, Q.C., Deputy Minister of Justice and of the Attorney General, Ministry of Justice of Alberta and William (Bill) Trudell, Chair, Canadian Council of Criminal Defence Lawyers,[22] to identify ways to improve processes and relationships in the justice system with the goal of decreasing the number of court appearances necessary to resolve a case. This must be done in a way that respects roles and advances the tenets of justice. The Subcommittee commenced its work by conducting a literature review.[23] This review suggested the work of the Subcommittee should focus on the following six areas.

  • Police and prosecution linkages
  • Police release from custody
  • Bail and remand
  • Early resolution mechanisms
  • Diversion and restorative justice
  • Case flow management

The Subcommittee prepared a set of draft recommendations relating to each of these areas. It then conducted an informal consultation process involving judges, Crown counsel, defence counsel, legal aid and court officials and police officers from across the country. Once the consultation process was completed, the following recommendations were refined and presented to the Steering Committee.

  • [21] The Steering Committee on Justice Efficiencies and Access to Justice was created to recommend solutions to problems relating to the efficient and effective operation of the criminal court system, without compromising its fairness. The Steering Committee is composed of six representatives of the judiciary, six Deputy Ministers of Justice from the federal and provincial levels and three members of the private bar. The key objectives of the Steering Committee include:

    • Identifying practical and effective solutions that can be implemented in a timely manner;
    • Building on – rather than repeating – work already being done to address specific justice efficiency issues, and
    • Engaging, at the most appropriate time, other justice system stakeholders whose participation will be necessary to affect change.

    It is important to note that the Final Report on Early Case Consideration of the Steering Committee on Justice Efficiencies and Access to the Justice System does not necessarily reflect the official views of the organizations represented on the Steering Committee.

  • [22] Robin Dann, of Alberta, and John Pearson, Alexandra Paparella and Linda Kahn of Ontario supported the Subcommittee in its work.
  • [23] See Appendix A