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43 LawNow 49 (2018-2019)
Post Jordan Mentality vs. Humanity: Who Wins?

handle is hein.journals/lanow43 and id is 181 raw text is: Post Jordan Mentality
vs. Humanity: Who
Melody Izadi
Melody is a criminal defence lawyer with the firm Caramanna Friedberg LLP,
located in Toronto, Ontario.
After the Supreme Court of Canada's ruling in R. v Jordan,
2016 SCC 27, which clarifies and streamlines the Charter of
Rights and Freedoms delay of proceedings applications
pursuant to section 11 (b), Jordan issues in the courtroom
are still alive as ever. Crown Attorneys, judges and court staff
all have instituted protocol, mandates, better practices and
directives to ensure the swift movement of matters through
our criminal justice system.

However, if you are a defence counsel, beware. Each and
every request for time to accomplish tasks on a file, even
when reasonable, is often met with aggressive opposition
from the Crown Attorney and/or a grand inquisition by the
presiding jurist. But what can ya do? Everyone is doing their
respective jobs. Everyone has to protect the court record
by clearly suggesting or declaring whose fault it is for the
What is in issue is when the interest of justice- and the stern
cautions from the Supreme Court in Jordan- trump the
humane treatment of circumstances beyond the control of
the defence. Yes, we all have a job to do and a court record
to protect, but have we lost our humanity all together when
defence counsel's request to adjourn a matter due to the
tragic and unexpected death of loved one is opposed? Yes,
we have a duty to protect the record, but don't we also
have a duty to respect and dignify the tragedy of our learned
colleagues- as humans?
I would fathom a guess that, in the name of justice, the
Supreme Court of Canada in Jordan was not instructing the
judiciary to give defence counsel's student a hard time when
they attended to adjourn a trial date because the defence
counsel was in a coma. I would fathom a guess that the

What we all need
is a deep breath,
and a moment of
reflection before
offensively and
attacking our
colleagues when
serious personal
issues are brought
to the attention of
the court.

Columns: Criminal Law


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