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Court Structure, Administration and Reform

Tuesday, June 12, 2018

This collection of papers look at a range of topics surrounding the general structures and administrative procedures by which Canadian courts operate, including some discussions of potential improvements or recent reforms.

Government Response to the Report and Recommendations of the Unified Family Court Task Force

Author: Alberta. Department of Justice and Attorney General
Year and Publisher: 2002, Alberta Justice
Description: This document includes the recommendations to the government by the Unified Family Court Task Force as well as the government`s responses to these recommendations.
Link: gov_ufc.pdf

Federal Court Jurisdiction

Author: John D. Richard
Year and Publisher: 2001, presentation to the Administrative Law Subsection, Canadian Bar Association British Columbia
Description: A discussion of the Federal Court of Canada which explains among other things its jurisdiction and powers. The paper posits that there is an indispensable role for the Federal Court in Canada.
Link: fc_juris.pdf

Uniform Mediation Act: Discussion Paper

Author: M. Jerry McHale
Year and Publisher: 2000, paper presented at the Uniform Law Conference of Canada, Victoria B.C., August 2000
Description: The discussion within this paper states that from one point of view, it could be argued that uniform mediation legislation is premature in Canada at this point in time. On the other hand, it is written, perhaps some of the problems experienced in the U.S. could be avoided altogether if a uniform Canadian model for mediation legislation were developed now.
Link: uniform_mediation.pdf

Preliminary Report of the Working Group on the Systems of Civil Justice [Quebec]

Author: Working Group on the Systems of Civil Justice [Quebec]
Year and Publisher: 1998, Canadian Bar Association, Ville de Québec, Québec
Description: This report offers a summary of the problematic aspects of civil justice in Quebec.
Link: systems_of_civil_justice.pdf

Report of Will-Say Statements Working Group

Author: E. David D. Tavender et al.
Year and Publisher: 1998, Submission by Task Force subcommittee on Recommendation 15.
Description: This paper looks at whether it is useful and fair to require will-say documents in civil cases to compel early disclosure of anticipated evidence and assesses the impact of such a requirement on delay, costs and discovery (as per Recommendation No. 15).
Link: will-say.pdf

Draft of Individual Calendar Rules: Rule 38A

Author: John C. Bouck et al.
Year and Publisher: 1995, prepared for discussion purposes by the Rules Committee of the Individual Calendar Design Project Team
Description: This document is a Draft of the Individual Calendar Rules for Rule 38A.
Link: individual_calendar_rules.pdf

Courts on Trial in Pursuit of Quality and Excellence

Author: John C. Bouck
Year and Publisher: 1992, a paper delivered to the civil justice subsection of the Canadian Bar Association on 19 March, 1992
Description: The theme of this paper is: courts should change with the times. This paper includes among other things three suggested reforms to the Canadian Justice System in B.C., including the elimination of Third Reading Chambers (contested applications), the dispensing of the requirement of reasons for judgement in personal injury actions, and the need for a patterned jury instruction.
Link: courts_on_trial.pdf

Pilot Project: Dispensing with Written Reasons for Judgement in Personal Injury Actions

Author: John C. Bouck
Year and Publisher: 1992, working paper
Description: This paper is a proposal to institute a 24-month pilot project designed to assess the necessity of delivering comprehensive reasons for judgments in personal injury actions.
Link: dispensing_written.pdf