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A Proactive Practitioner’s Guide to Section 11(b) of the Charter

While reading A Proactive Practitioner’s Guide to Section 11(b) of the Charter , I was struck by a parallel between the criminal justice system and the modern corporate legal department. As I read about the "unresolved issues" of delay that continue to plague the Crown, I couldn't help but wonder about our own industry. If judicial efficiency is a constitutional mandate, should a corollary duty exist for in-house counsel, or are their commercial priorities fundamentally distinct? The Supreme Court’s decision in Jordan established strict time ceilings for justice. It famously rejected "institutional delay," such as a lack of court staff or resources, as a valid excuse for violating an accused's rights (p. 117-119). The post-pandemic reality has only heightened this tension. Just as the authors describe a system struggling with "scheduling issues" and administrative bottlenecks, corporate legal teams face their own unreasonable delays (p. 98-102). Th...

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