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Drawing the Curtains in the House of Justice: Analyzing the Impact of Pandemic Measures within Manitoba Courts on the Open Court Principle, Access to Justice, and Charter Rights.

Authors :
SINGH, SHAWN
TRASK, BRANDON
Source :
Manitoba Law Journal; 2022, Vol. 45 Issue 5, p215-254, 40p
Publication Year :
2022

Abstract

The authors have embarked on an extensive analysis of the open court principle, access to justice concerns, and how these have been impacted by the Manitoba courts' pandemic response measures. Due to the length of this analysis, it is divided into two parts, to be published as separate articles in the same Issue: Part A ("Setting the Stage") and Part B ("Drawing the Curtains in the House of Justice"). These papers are intended to be read in conjunction. In Part B, the authors apply the observations and recommendations of the federal Action Committee on Court Operations in Response to the Pandemic, discussed in Part A, to the pandemic-response approach taken in Manitoba to evaluate whether the measures achieved the access movement's objectives. Particular attention is paid to outcomes for individuals charged with murder, who are guaranteed the right to a jury trial under the Charter of Rights and Freedoms. The authors examine the various Practice Directions and Notices that were issued by the leaders of the court system to identify the subtle disregard for the Charter rights of these individuals. Informed by various reports, the authors offer four recommendations to improve the state's response to the pandemic, including on a prospective basis. [ABSTRACT FROM AUTHOR]

Subjects

Subjects :
COVID-19 pandemic
SOCIAL justice

Details

Language :
English
ISSN :
00763861
Volume :
45
Issue :
5
Database :
Supplemental Index
Journal :
Manitoba Law Journal
Publication Type :
Academic Journal
Accession number :
162217112