GFN didn't intend to re-visit the lengthy trials issue so soon, having just completed a four-part series on the topic last week. But it so happens that the Globe and Mail, in an editorial published today (see p. A13) has publicized and endorsed Justice Moldaver's latest speech. The trope used in the editorial is of Moldaver as a heroic figure who is just mad enough to "tell it like it is", and the question is raised as to whether anyone will take action to fix the system. (For a discussion of Moldaver's speech, see our previous blog entry.)

Here in B.C., the same issue was most recently in the news when Attorney General Wally Oppal, who has frequently spoken out against delay in the criminal justice system, made comments on the topic that provoked a sharp response from Chief Justice Brenner, a response that while intended for judges only was nonetheless leaked to the press.

As GFN has noted, solutions to the lengthy trial problem are not easily found, and the blame shouldn't be placed entirely on defence counsel. But there are steps that can be taken to shorten trials without impinging upon the fair trial rights of defendants. Some of these steps have been mentioned in preious GFN blog entries. What is important is that politicians (and judges) not get caught up in hysteria and act preciptiously with the result that other problems are created. As GFN has noted, the modified court rules and the legal aid changes in Ontario represent the latest attempts to shorten trial length without undermining the rights of the accused. Let's see how these new policies pan out before taken more drastic steps.