Potentially discriminatory predictive policing has been in the news recently leading some to express concerns that such methods disproportionately target marginalized communities. Any aspect of the justice system that has the potential to exacerbate existing inequalities is of obvious concern.

The COVID-19 outbreak is presenting significant challenges for the legal system in British Columbia. Courts at all levels have adjusted operations to minimize the need for in-person appearances to help mitigate spread of the virus. While the courts remain open at present, and urgent matters such as in-custody trials and bail hearings will proceed as scheduled, many cases are expected to be adjourned into May 2020 and beyond.

Pender Litigation is expanding. You will still be able to find us at our Vancouver office space but for those on the other side of the Fraser River, you will now be able to meet with our lawyers at our new Surrey office space.

It wasn’t that long ago that judges would routinely impose double time for pretrial custody (counting two days for every one day in jail awaiting trial or sentencing). Sometimes judges would even grant three-for-one, or four-for-one credit. The rationale was twofold—first, no consideration is given for early parole eligibility in pretrial custody, and second, conditions of confinement in pretrial facilities are generally more onerous due to a lack of programs and other facilities for inmates.

There are a number of articles discussing proposed changes to the way juries are selected and the availability of preliminary inquiries. Currently both Crown and defence counsel have 12 peremptory challenges available to them when jury members are selected from a pool of candidates. That means each side has the ability to have 12 potential jurors excluded simply by saying so. No reason needs to be provided for having a juror dismissed. The proposed changes would remove these peremptory challenges.

On behalf of Jonathan Desbarats, Scott Wright, Kevin Westell and myself, Claire Hatcher, we are thrilled to announce the opening of our new criminal law firm, Pender Litigation, located in the heart of Downtown Vancouver, representing clients all over British Columbia - and beyond.