Description
Canadian courts have struggled with delay for decades. The advent of the COVID-19 pandemic added to an already difficult situation. Courts were required to take swift action, which they did. Despite this, they have faced criticism concerning the approach taken. I will argue that this criticism is not warranted and has more to do with the perceptions of the courts’ past performance than it has to do with their response to the pandemic. Regardless, the systemic delay in Canadian courts has become an issue of ethics which overshadows any success they have had in the current pandemic.
Keywords
caseflow management, courts in Canada, COVID-19, diligence, ethics, judicial conduct, justice
Included in
Ethics, Justice, and the Impact of COVID-19 on the Courts in Canada
Canadian courts have struggled with delay for decades. The advent of the COVID-19 pandemic added to an already difficult situation. Courts were required to take swift action, which they did. Despite this, they have faced criticism concerning the approach taken. I will argue that this criticism is not warranted and has more to do with the perceptions of the courts’ past performance than it has to do with their response to the pandemic. Regardless, the systemic delay in Canadian courts has become an issue of ethics which overshadows any success they have had in the current pandemic.