Explaining Inefficiency in an Ontario Bail Court: Perspectives of Criminal Defence Lawyers

Abstract

Some academics and government officials have implicated defence counsel as the primary ‘villains’ in lengthy case processing times in Ontario bail courts. It has been suggested that defence counsel contribute to increasing case processing time through their use of ‘unproductive’ adjournments. This study examines this allegation through semi-structured interviews with defence counsel who practise in one Eastern Ontario bail court. The findings put the evidence that blames defence counsel into context and show that the explanations for their conduct are more complex than they may initially appear. They also reveal several explanations for bail inefficiency which are unrelated to the role of defence counsel but correspond grosso modo to the traditional factors associated with lengthy case processing time in the broader court process. The study concludes that although defence counsel are partly responsible for lengthy case processing times in bail court, they are only one contributor among many others.