The NB trials were delayed due to the number of jury trials that had not yet taken place

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According to internal memos sent by New Brunswick Chief Justice Tracey K. DeWare, civil or family law proceedings may be delayed due to the “unprecedented” number of jury trials, a “high volume” of child protection cases and vacancies.

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On June 9, the Chief Justice of the Queen’s Bench Court advised the Chief Justice of the Court of Appeals, Marc Richard, the Minister of Justice, Ted Flemming, and members of the Law Society of New Brunswick that the proposal was aimed at prioritizing criminal proceedings is squeezing the time allotted to conduct civil proceedings.

In a reply sent to CBCthe jury DeWare says the justice system will work with lawyers and stakeholders affected by these delays. In situations where this allows, peaceful agreements will be proposed.

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Jury trials on the rise across the country

The jury Tracey K. DeWare explain the increasing number of jury trials.

A total of 43 jury proceedings are scheduled to be heard in the Court of Queen’s Bench over the next 15 months. In January, the province had 62.

At first, we thought the pandemic played a role in this dramatic increase. But it is now clear that this assumption no longer holds water.

A quote from Tracey K. DeWare, Chief Justice of the Court of Queen’s Bench of NB

However, the phenomenon is not unique to New Brunswick. Superior courts across the country are grappling with the same problem.

However, the province currently has three jury trials running simultaneously. A decade before that, there were three a year, according to the chief justice.

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The challenge in criminal proceedings is the delay imposed by Jordan’s decision, following Canada’s Supreme Court decision in 2016.

Between the filing of cases and the expected time for the conclusion of the proceedings, the delay may not exceed 18 months for cases in the provincial court, and 30 months for proceedings in the superior court.

Child protection cases must also be resolved within a reasonable time, to comply with the Family Services Act, the judge explained.

The jury DeWare cannot say how many civil proceedings will be postponed in the coming months.

With information from Bobbi-Jean MacKinnon, CBC

Radio Canada

Source: Radio-Canada

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