GS/POLS 5110      Professors Carl Baar and Ian Greene

Classes held in:  S125 Schulich


Fall Term 2004                             Offices: 127 McLaughlin College (Baar)
Thursdays, 230 – 530 pm             224 McLaughlin College (Greene)   
         tel 416-736-5128 (both)                
         emails: baar@yorku.ca, igreene@yorku.ca

                              

Judicial Administration in Canada
GS/POLS 5110 3.0



Course Description:

This is a required course for the Graduate Diploma in Justice System Administration (GDJSA).  The GDJSA is open to all graduate students at York University in any program, and may be earned concurrently with the graduate degree. GDJSA students must:
a) successfully complete GS/POLS 5110 3.0,
b) take one other course related to the general topic of justice system administration approved by the Diploma Coordinator, Ian Greene (such as GS/POLS 5601 3.0 “Systems of Justice,” or SB/PUBL 6200.03 / SB/PUBL 6200.03 / GS/POLS 6120.03, “Canadian Public Law,” or PUBL 6210 3.0 / LAW 3570 3.0, “Public Administration and the Law.”),
c) complete 3 credits of coursework above and beyond their degree requirements,
d) complete a 12 week internship in the justice system, or equivalent, and
e) their MRP or dissertation research must be relevant to the topic of justice system administration.

This program is designed to continue in the tradition of the very successful graduate program in judicial administration that Prof. Baar conducted for many years at Brock University.  Many graduates from this program have had successful careers in the justice system.

For more information about the Diploma, please talk to Prof. Greene.

POLS 5110 3.0 is an introduction to trial courts as state actors and court systems as social and political institutions.  The course will consider major concepts and issues in the field of court administration, including: the purposes of courts and the nature of adjudication, judicial independence and accountability, trial court unification, caseflow management, court delay and alternative dispute resolution.  For political scientists, the course will broaden the analysis and understanding of courts and judicial processes; for students of administration, the course will place management issues in a distinctive and complex environment; and for students of law, the course will provide a unique context for examining the divergence between law on the books and law in action.

Classes will focus primarily on Canada, but will draw on the instructors’ research and experience in other court systems, for example the United States, Australia, India, Pakistan, Ethiopia and the Philippines.

The first two hours of the class are taught concurrently with AS/POLS 4600 3.0, “Judicial Administration in Canada.”  The final hour is for graduate students only, and will focus on an in-depth discussion of particular issues raised by the week’s readings, as indicated in the course outline below.

Required Texts:

Peter McCormick, Canada’s Courts (Toronto: Lorimer, 1994).

A two-part course kit has been prepared and is available for purchase at Keele Copy Centre, 4699  Keele St. (416-665-9675).  It includes relevant chapters from Perry Millar and Carl Baar, Judicial Administration in Canada (1981, now out of print).

Course Requirements:

- Two papers.  The first is a criminal court observation paper, due Tuesday, Oct. 12.
- Final examination.
- Class participation and presentations.

Grading Scheme:                                

Court Observation Paper (10 pp., due Tues., Oct. 12)         15%    
Second Paper – topic and outline                                           5%
                          final version (15 pp.)                                   25%    
Final Exam                                                                           25%    
Class Participation                                                               15%    
Class Presentations                                                              15%
    (including a one-page summary of two presentations)    

Schedule of class topics and readings:

Week One (Sept. 9):        Introduction to the Course                                    Exercise: The Purposes of Courts

    Required Reading:
        McCormick, ch. 1.
        Millar and Baar, chs. 1-2.
        Exodus, chapter 18, verses 13-27.

Topic for graduate hour:  In March of 2004, the Association of Canadian Court Administrators (ACCA) held an educational workshop for its members (mostly mid-level to senior court administrators) which focused on the purpose of courts.  You may have assumed that court administrators would have a clear idea of the purpose of court administration prior to starting their jobs, but this isn’t necessarily the case.  Prof. Baar will review some of the highlights of the seminar, and will summarize the careers of some of the graduates from the judicial administration program.
        
Week Two (Sept. 23):        Introduction to Criminal Court Organization and Processes
                The Nature of Adjudicatory Processes

Required:     
Cornelius M. Kerwin, Thomas Henderson and Carl Baar, “Adjudicatory Processes and the Organization of Trial Courts,” 70 Judicature 99-106 (1986).        McCormick, chs. 2 and 4.
African Canadian Legal Clinic, Anti-Black Racism in Canada, Part III,  pp. 21-35.
                    
Other:         Carl Baar and Ellen Baar, “Diagnostic Adjudication in Appellate Courts: The Supreme Court of Canada and the Charter of Rights,” (1989 Osgoode Hall Law Journal 1-25.
        Carl Baar, “Judicial Independence and Judicial Administration: The Case of Provincial Court Judges,” (1998) 9:4 Constitutional Forum 114-19.

Topic for graduate hour:  Please pay particular attention to Carl Baar’s article on judicial independence.  Ian Greene will lead a discussion about some of the current controversies surrounding judicial independence in Canada, and how these impact administrative issues in the courts.

Week Three (Sept. 30):    Court Organization and Trial Court Reform

    Required:    
Millar and Baar, ch. 4.
        McCormick, ch. 3.
        Baar, “Trial Court Reorganization in Canada: Alternative Futures for Criminal Courts” (2003).

Topic for graduate hour:  TBA
            
Week Four (Oct. 7):        Court Delay and Criminal Cases

    Required Reading:
        Jane Gadd, “Judge speaks out against court delays”.
        Church, Justice Delayed, ch. 4.
        Regina v. Askov, 1990.
        Baar, “Social Facts, Court Delay and the Charter”.

Topic for graduate hour:  TBA

Week Five (Oct. 14):        Judicial Independence and Judicial Administration

    Required Reading:
        McCormick, ch. 8.
        Millar and Baar, ch. 3.
        Baar, “The Emergence of the Judiciary as an Institution” (1999).
        Hamilton, Number 78, The Federalist Papers.
        “Brutus,” Essay XV, from The Anti-Federalist Papers.

Other:        Martin L. Friedland, A Place Apart: Judicial Independence and Accountability in Canada (Ottawa: Canadian Judicial Council, 1995).

Topic for graduate hour:  TBA


Week Six (Oct. 21):        Civil Litigation

    Required Reading:
Pound, “The Causes of Popular Dissatisfaction …”
Cowper, “A Canadian Litigator Looks at the American System”.
Olson, “How America Got Its Litigation Explosion”.
Baar, “The Business of the Courts”.
Twohig et al., “Empirical Analyses of Civil Cases … in Toronto”.
McCormick, ch. 10, pp.152-59.


Week Seven (Oct. 28):    Trial Court Decision-Making:
Judges, Juries, Facts and Law

             Required Reading:
                         Keedy, “A Remarkable Murder Trial: Rex v. Sinnisiak”.
                         McCormick and Greene, chs. 4-5.

Topic for graduate hour:  TBA


Week Eight (Nov. 4):    Appeal Courts and Appellate Litigation

             Required Reading:
                         Greene et al., Final Appeal, chs. 3 and 8.
                         McCormick, chs. 5-6, 9, and ch. 10, pp. 159-67.


Week Nine (Nov. 11):    Caseflow Management and ADR
    
             Required Reading:
                          Millar and Baar, chs. 8, 5.
                          Solomon and Somerlot.
                          Blair and Lang, Ontario Civil Justice Review.                   
                          Baar and Hann, “Mandatory Mediation in Civil Cases”.

Topic for graduate hour:  TBA


Week Ten (Nov. 18):    Trial Court Decision-Making and Administration:
        Gender Issues
             Required Reading:
                          The Queen v. Pappajohn, 1980.
                          “Developer Puts Stake in Border Village”.
                          “Discrimination in the Judiciary”.
  Baar and Moore, “Ineffective Enforcement”.
 
Topic for graduate hour:  TBA

    
Week Eleven (Nov. 25):    Managing Judges

             Required Reading:
                          Morton, ch. 5.
                          McCormick, chs. 7, 11-12.

Topic for graduate hour:  TBA


Week Twelve (Dec. 2):    Managing Court Systems

             Required Reading:
                          Millar and Baar, chs. 6-7.
                          Jordan, “Ontario’s Integrated Justice Project”.
                          Baar, “Integrated Justice: Privatizing the Fundamentals”.

Rose, “Evaluating the Canadian Centre for Justice Statistics”.

Topic for graduate hour:  TBA


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    AS/POLS 4600
Judicial Administration in Canada
Fall Term 2004
Professors Carl Baar and Ian Greene
                              

First Assignment: Criminal Court Observation


    The purpose of this assignment is to examine the relationship between the formal rules/principles governing the criminal court process, the actual practices/procedures in Canadian criminal courts, and theoretical models of the adjudicatory process in trial courts.  The project requires observation, description and analysis.

    Most criminal cases begin and end in the Ontario Court of Justice, a court created by provincial statute with jurisdiction over provincial offences and matters arising under federal criminal law.  An accused person may plead guilty or stand trial in this court.  More serious criminal cases may move on to the Superior Court of Justice following a preliminary hearing in the Ontario Court, but all summary conviction offences and an overwhelming majority of indictable offences reach a final disposition in the Ontario Court.  Only the Superior Court, however, has the statutory authority to conduct jury trials.

In Toronto, criminal proceedings are held in five Ontario Court locations and one Superior Court location.  The largest and most diverse criminal court is downtown at Old City Hall, 60 Queen Street West at Bay.  The best-designed and best-managed criminal court is at College Park (444 Yonge St. at College, 2d floor).  Other criminal courts are located in the former boroughs of North York (1000 Finch Ave. West), Etobicoke (2201 Finch Ave. West), and Scarborough (1911 Eglinton Ave. East).  

The Superior Court holds jury trials and judge-alone trials at the University Avenue courthouse, 361 University (just north of Queen Street, behind Osgoode Hall).  If it is more convenient, Newmarket and Brampton have court buildings that house both the Superior Court and the Ontario Court.

    You are required to attend for at least a full half-day (two to three hours minimum), and you may want to observe more than one judge or court.  Often it is possible to speak to court staff, lawyers, litigants or police officers during a recess in the proceedings.

    While you observe the court, think about how the particular proceeding fits into the overall criminal justice process.  Consider the context and consequences of the events, regardless of the type of proceedings you observe.

    Your paper should include the following:

(a)    Date(s), time(s) and location(s) of your observations.
(b)    A brief summary of the kinds of proceedings you observed.
(c)    An analysis of your findings, with appropriate examples.

    Your analysis should apply and evaluate the typology of adjudicatory processes developed in Cornelius M. Kerwin, Thomas Henderson and Carl Baar, “Adjudicatory Processes and the Organization of Trial Courts,” 70 Judicature 99-106 (1986) [in Course Kit—Part 2].  What adjudicatory processes did you observe?  What is the basis for your conclusions?  Would you make any modifications in the typology and in how it is applied by Kerwin et al.?

    You may also use these questions to guide your analysis:

 Were the court proceedings what you expected?  Why or why not?
 Did different judges or lawyers affect the proceedings in a particular way?
 Did prosecutors (crown counsel) and defence counsel act in the same       manner?
 If you observed a series of cases (e.g. bail hearings), were there any patterns?
 Were people treated equally (e.g. regardless of age, wealth, social class, gender, race, ethnicity, and whether they are in or out of custody)?
 Were legal rights set out in the Charter observed?
 Could you see any difference between the formal authority structure and the actual power relations within the criminal justice system?


    Length:        2500 words.
    Due date:     Tuesday, October 12.
Late penalty:    Two percent per day (out of 100%), including weekends and holidays.

 
   AS/POLS 4600
Judicial Administration in Canada
Fall Term 2004
Professors Carl Baar and Ian Greene

                              

Second Assignment: Research and Analysis Paper


The purpose of this assignment is to provide an empirical context for the study of judicial administration and the analysis of issues related to the administration of justice.  Therefore students should approach the assignment as follows:  

Select an issue about the administration of justice raised by current discussion in the print media.  Go behind the issue to see whether writings in the field of court administration can help inform the issue.  Do court administration writings provide a useful context for understanding?  Do they suggest a critique of how the issue is portrayed in the media?  How does the court administration literature address the issue, or fail to address the issue?

Guidelines for selecting your topic:

You must use an item or items that has/have appeared in print during 2004.  You may consult newspapers and/or magazines (including web-based publications).  You are encouraged to look at professional newspapers and magazines in the field for topics of interest; see the two leading Canadian legal newspapers, The Lawyers Weekly and Law Times, or the leading legal magazines, Canadian Lawyer and The National (published by the Canadian Bar Association).  These professional publications normally focus on substantive legal issues, but often carry stories relevant to judicial administration.

Your paper will follow normal guidelines for political science research papers at York.  The item(s) you have selected as the starting point should be attached as an appendix, as well as cited in your bibliography.
 
Guidelines for submitting your outline:

Your outline (two pages will suffice) must include:
    -your topic
    -your argument
    -at least one news source that you used to determine your topic (eg. newpaper article or internet report), and at least five academic sources.
    -an outline of how you think your paper will be organized.  What are the two or three or four major sections of your paper, and why are they necessary to support your argument?

It is strongly recommended that you refer to Gregory M. Scott and Stephen M. Garrison, The Political Science Student Writer’s Manual, 4th ed. Upper Saddle River, NJ:  Prentice-Hall, 2002).

    Length of final paper:    15 pages (4000 words).
    Due date:        To be established in the first class.
    Weight:           25% of final mark.
Late penalty:        Two percent per day (out of 100%), including weekends and holidays.