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Full-Text Articles in Law
The Ontario Court Of Appeal And Speedy Justice, Carl Baar, Ian Greene, Martin Thomas, Peter Mccormick
The Ontario Court Of Appeal And Speedy Justice, Carl Baar, Ian Greene, Martin Thomas, Peter Mccormick
Osgoode Hall Law Journal
The authors use a data sample collected from the Ontario Court of Appeal minute books between 1983 and 1987 to analyze how appeals move through the province's highest court. Criminal and, chiefly, sentence appeals dominate the Court's agenda. Hearing times-the duration of argument and rendering of judgment-are shorter than commonly believed, most often lasting less than twenty minutes. Elapsed times-the period between end of trial and beginning of hearing-are, on average, 77 per cent longer for civil than criminal appeals, 52 per cent longer for defendant than crown appeals, and 23 per cent longer for fall than spring appeals. Elapsed …
Appeals On The Merits, Terence G. Ison
Appeals On The Merits, Terence G. Ison
Osgoode Hall Law Journal
This article deals with the limitations of judicial review and the possibilities of its augmentation or replacement by a regime of appeals on the merits. The author questions some assumptions that are commonly made about appellate structures. He criticizes the "broad-brush approach" and warns that there is no panacea. The article explains why any broad regime of appeals on the merits from tribunals to courts of general jurisdiction is not an available option, and it discusses alternative structures of appeals to tribunals. Finally, it explains why it would be irresponsible to propose any appellate structure covering any substantive subject except …
The Supreme Court's First One Hundred Charter Of Rights Decisions: A Statistical Analysis, F. L. Morton, Peter H. Russell, Michael J. Withey
The Supreme Court's First One Hundred Charter Of Rights Decisions: A Statistical Analysis, F. L. Morton, Peter H. Russell, Michael J. Withey
Osgoode Hall Law Journal
This study presents a descriptive statistical analysis of the Supreme Court of Canada's first one hundred Charter of Rights decisions (1982-1989). Charter appeals now constitute one-quarter of the Court's annual caseload. The Court has abandoned the judicial self-restraint that shaped its pre-Charter civil liberties jurisprudence. It has upheld rights claimants in 35 percent of its decisions and declared nineteen statutes void. Seventy-five percent of the Court's Charter work dealt with legal rights and criminal justice, but more provincial statutes were declared invalid than federal. After an initial period of consensus, the Court divided into identifiable voting blocs, with wide discrepancies …