EXPLODING THE MYTHS
This book provides an 'extremely rare and valuable exposition of Canada's judicial system from a very senior judge who talks plainly about the diagnoses and the cures'. Current matters such as the appointment of judges, the powers of a prime minister, and the criminal and civil justice systems are but a few of many topics covered. An international component is introduced by comparing systems of selecting and appointing judges in Australia, England, Wales, New Zealand and the United States. As well, the American systems of responsible government and sentencing are discussed.
Believing that all systems need checks and balances, John Bouck recognizes that his reforms will require a "sea change in legal thinking" but is absolute in his belief that that is what is needed to bring Canada into the 21st Century.
Unlike their American colleagues, Canadian lawyers and judges do not have a strong tradition of interest in and openness to court reform. I hope that this work sparks the same kind of movement that occurred in the USA after the famous 1919 speech by Dean Roscoe Pound.
The Honourable Roger P. Kerans, FCIArb, C.Arb
This is a lucid thumbnail sketch of Canada’s constitution and legal systems, by which we settle disputes and deal with crime, together with some very sensible suggestions for the reform and improvement of both. Regrettably the Honourable John Bouck’s proposals have all the earmarks of doomed reform. Throughout history no new, inspired idea ever recommends itself to those with the power to effect reform unless they thought of it themselves.
Former editor of The Advocate
It is hard to think of a Canadian public servant who has contributed more to the cause of civil and criminal justice reform than John Bouck…Constitutional dysfunction, outdated rules of civil procedure, impossible jury instructions, overreaching appellate courts – all are exposed and addressed with uncompromising candour…But no reader can leave this book unconvinced that civil and criminal justice reform is an urgent public priority.
Dr. Russell Brown
Assistant Professor, Faculty of Law, University of Alberta
Trials take far too long, justice is way too costly and court outcomes too often seem against the public interest - and it just gets worse. In this extremely rare and valuable exposition a very senior judge talks plainly about the diagnosis and the cures. Parts will appall the establishment, but it is a call for sunshine to be let into the defensive judicial bunker. Read it and write your local politician.
Author and Political Commentary - Globe and Mail
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