On our substantive series finale, we speak with iconic criminal defense lawyer, Daniel Brown, about section 11(b) of the Charter and the right to a trial within a reasonable time. Topics: Bill C-392; interlocutory motions and trial delay calculations; progressive solutions to address systemic issues in the criminal justice system; and our final Ask-Me-Anything segment. This program contains 30 minutes of substantive content for the Law Society of Ontario’s CPD requirements.
Full Episode (1:01:31) Download Transcript
⚫ Could new legislation override the “Jordan timeframes” and the constitutional right to a trial within a reasonable time? (14:40)
⚫ How does the time allocated for interlocutory motions impact the calculation of trial delay? (22:57)
⚫ What are some progressive solutions that can address systemic delay issues within the criminal justice system? (31:31)
⚫ Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (41:27)
⚫ How do issues like the availability of court resources and judicial vacancies contribute to delays in the criminal justice system? (41:49)
⚫ How should the legal system balance the right to a timely trial with the need for thorough investigation and fair prosecution? (45:09)
⚫ How do cultural and systemic biases within the judicial system impact the application of Section 11(b), particularly for marginalized communities? (48:10)
⚫ What are some of the other significant ways in which the criminal law space has changed over the last 5-10 years? (51:31)
⚫ What are some things that lawyers can do to improve access to justice? (54:42)
1. Proposed Legislation to Override Jordan Timeframes (12:13) Download
– Bill C-392 – An Act to amend the Criminal Code to address the Supreme Court of Canada decision in R. v. Jordan
2. Interlocutory Motions and Trial Delay Calculation (12:08) Download
– R. v. Mengistu, 2024 ONCA 575
– R. v. K.G.K., 2020 SCC 7
3. Addressing Underlying Issues in the Criminal Justice System (13:30) Download
4. Ask-Me-Anything: Right to Trial Without Delay (19:59) Download
⚫ How do issues like the availability of court resources and judicial vacancies contribute to delays in the criminal justice system?
⚫ How should the legal system balance the right to a timely trial with the need for thorough investigation and fair prosecution?
⚫ How do cultural and systemic biases within the judicial system impact the application of Section 11(b), particularly for marginalized communities?
⚫ What are some of the other significant ways in which the criminal law space has changed over the last 5-10 years?
⚫ What are some things that lawyers can do to improve access to justice?
About the Guest:
Daniel Brown is a criminal defence lawyer and lead counsel at Daniel Brown Law LLP which is consistently recognized as one of Canada’s 10 best boutique criminal law firms.
Since his call to the bar in 2005, Daniel has devoted his practice to criminal, constitutional and regulatory law and has appeared at every level of court in Ontario and at the Supreme Court of Canada. He is a past president of the Criminal Lawyers’ Association (CLA), is certified by the Law Society of Ontario as a specialist in criminal law, and also acts as review counsel for Innocence Canada.
In 2023, Daniel was appointed by the Federal Government of Canada to sit on the Federal Judiciary Advisory Committee for Toronto and the GTA. Daniel co-authored the textbook, Prosecuting and Defending Sexual Offence Cases from Emond Publishing and contributed a chapter to the textbook called, “Social Media and Internet Law (2nd Ed.)” from LexisNexis. Outside the courtroom, Daniel mentors young lawyers and frequently lectures at continuing legal education programs hosted by the Crown and defence bar.
He also teaches Advanced Criminal Law at Queens University’s Faculty Of Law. He also created and supervises the law school’s upper year criminal appellate externship program which allows law students to gain credits towards their degree by working with appellate lawyers across the province on public interest criminal appeals to the Court of Appeal for Ontario and the Supreme Court of Canada.
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