Report Of The Review Of Large And Complex Criminal Case Procedures

Table of Contents

  1. History of the Review
  2. The Context and Culture in which Long Complex Cases have Arisen
    1. Do We Need to Begin with a Definition of "Long Complex Cases?"
    2. The Legal or Law Reform Causes of Long Complex Trials
    3. Within this Changed Legal Context, the Justice System Needs to do Better
    4. The Focus of our Recommendations
  3. Disclosure and the Pre-Charge Relationship between the Police and the Crown
    1. Introduction
    2. The Solutions to the Issues on the Crown/Police Side
    3. Closer Police and Crown Collaboration at the Pre-Charge Stage
    4. Can the Crown Giving Pre-Charge Advice Play a Role in the Prosecution Once Charges are Laid?
    5. Electronic Disclosure in a Comprehensive Standard Format
    6. Vetting, Transcribing and Paying for Disclosure
      1. Introduction
      2. Who is Responsible for Vetting or Editing the Disclosure Brief?
      3. Who Should Transcribe Relevant Taped Interviews and Intercepts?
      4. Who Should Pay for Disclosure?
    7. The Timeliness of Disclosure
    8. The Solutions to the Issues on the Defence Side: Requests for Materials Outside the Investigative File
  4. Judicial Case Management, Especially at the Pre-trial Stage
    1. The History of Judicial Case Management in Ontario
    2. The Need for Greater Case Management Powers
    3. Suggested Models for Reform
    4. The Proposals Emerging from this Review
    5. The Federal Provincial Territorial Working Group Proposals
    6. The Common Law Case Management Powers of the Trial Judge and The Need for Expertise
    7. Judicial Case Management in the Ontario Court when the Case is Proceeding to Preliminary Inquiry
    8. Managing the Bail Hearing
    9. The Power to Require Admissions
      1. Introduction
      2. Counsel's Ethical Duties
      3. Requiring the Crown to Accept Admissions Offered by the Defence
      4. Requiring the Defence to Make Admissions of Facts not Legitimately in Dispute
    10. Long Complex Terrorism Cases
  5. Legal Aid
    1. Introduction
    2. Available Models for Reform
    3. The First Approach to Reform: Paying Higher Fees to a Short List of Highly Qualified Counsel
    4. The Second Approach to Reform: Enhanced Oversight of the Budget for Long Complex Cases
      1. The Statutory Scheme
      2. The Independence of the Bar
      3. Improving Front End Management and Oversight of the Conduct of the Defence
      4. Improving Post Trial Responses Where the Case Appears to have been Conducted Contrary to the Statutory Purpose of the Legal Aid Services Act
    5. Developing the Next Generation of Leading Counsel
  6. Advising, Directing and, Where Necessary, Disciplining Counsel for Both the Crown and the Defence
    1. Introduction
    2. Inexperience, Lack of Guidance, Poor Judgment and Poor Advocacy
      1. Oversight and Guidance of Crown Counsel in Long Complex Cases
      2. Oversight and Guidance of Defence Counsel in Long Complex Cases
    3. Remedial Responses to Professional Misconduct in Long Complex Trials
      1. Introduction
      2. Judicial Responses to Court Room Misconduct
      3. The Law Society's Response to Court Room Misconduct
      4. The Attorney General and Legal Aid's Responses to Court Room Misconduct
      5. The Particular Problem of Incompetence
    4. Post-Mortems of the Justice System's Performance When a Long Complex Case is Seen to Have Failed
  7. Managing the Unrepresented Accused
    1. Introduction
    2. Appointing Amicus Curiae
    3. Appointing Counsel
  8. Conclusion