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Tuesday, June 28, 2011

Canada - MONTREAL - Federal mega-trials bill now law after receiving royal assent

Justice Minister Rob Nicholson is seen in Ottawa, November 1, 2010. Help is on the way for Canadian jurisdictions grappling with increasingly common mega-trials. THE CANADIAN PRESS/Adrian Wyld

OFF THE WIRE
 winnipegfreepress.com

Justice Minister Rob Nicholson is seen in Ottawa, November 1, 2010. Help is on the way for Canadian jurisdictions grappling with increasingly common mega-trials. THE CANADIAN PRESS/Adrian Wyld
MONTREAL - Help is on the way for Canadian jurisdictions grappling with increasingly common mega-trials.
Canada's justice minister held a news conference Monday to toast the fact that a federal mega-trials bill received royal assent over the weekend.
Rob Nicholson said the law will help cut down lengthy, complex trials that require additional resources and support. It had all-party support in the House of Commons.
Nicholson said mega-trials are becoming more commonplace in the Canadian judicial system.
"They are a fact of life and it's in everyone's interest at every level that they work and there is an expeditious and a fair hearing," Nicholson said.
The "Fair and Efficient Criminal Trials Act" is designed especially for terrorism and organized crime trials and is aimed at helping law enforcement as well as reducing costs to taxpayers.
The new law comes after 31 suspected Hells Angels and criminal biker associates went free in Quebec; a judge let them go, saying their costly and complicated trial had been plagued by too many delays.
The law includes a number of provisions — such as appointing a judge to deal with pre-trial issues; adding two reserve jurors in case others drop out; and measures to reduce duplication, like allowing joint hearings.
A case-management judge would deal with most preliminary issues such as evidence admissibility, changes of venue and other pre-trial motions. Currently, a trial judge must juggle all those issues.
The law will allow 14 jurors to be sworn in as part of trial to ensure that there will be the minimum 10 needed for a valid verdict.
There are also measures to ensure that jurors' identities remain private.
"Although it's not possible to avoid conducting mega-trials, the manner in which they can be conducted can be improved," Nicholson told a news conference.
Nicholson said the bill will be implemented in two phases in the near future.
A bill addressing mega-trials was first introduced in November but it died with the dissolution of Parliament before the May 2 federal election.