Latest news with #CriminalTrial
National Post
a day ago
- Business
- National Post
Opinion: Modernize the legal system to confront 21st-century organized crime
Article content The Jordan framework is a set of legal principles that determine whether a criminal trial has been delayed unreasonably, resulting in a rights violation. It enforces strict trial timelines of 18-30 months, forcing the dismissal of complex cross-border cases that in the U.S. could proceed under exceptions in the Speedy Trial Act. Article content The Stinchcombe disclosure rule requires the Crown to share virtually all evidence publicly, deterring the use of intelligence from our allies in court for fear of compromising sources. Our allies employ measures like public interest immunity or classified information procedures to protect sensitive data. Article content Our organized crime provisions are similarly out of step. The Criminal Code sections pertaining to organized crime (467.1–467.13) require proof of a rigid organizational structure and a benefit motive, a framework ill-suited to the decentralized, cell-based and digital networks driving today's transnational crime. In contrast, the U.S. RICO Act targets patterns of criminal behaviour, allowing prosecutions of crime leaders and facilitators in loosely co-ordinated syndicates. Article content Financial enforcement is equally weak. Between $45 billion and $113 billion is laundered in Canada each year, with British Columbia's Cullen Commission estimating that upwards of $5.3 billion is laundered through B.C. real estate every year. Article content The absence of a robust beneficial ownership registry leaves shell corporations and trusts as attractive vehicles for ' snow-washing ' illicit funds. FINTRAC's limited proactive authority contrasts sharply with the U.S. FinCEN 's ability to issue geographic targeting orders, freeze assets and compel cross-jurisdictional disclosure. Article content Jurisdictional gaps and enforcement silos further undermine our defences. Ports, airports and rail hubs often fall outside the authority of municipal and provincial police unless complex memoranda of understanding are in place, leaving vulnerabilities that organized crime exploits. Article content Intelligence is likewise siloed, with CSIS unable to readily convert its intelligence into admissible evidence — a problem the U.K. mitigates through closed-material proceedings. Article content Canada also lacks the means to compel internet service providers, payment processors and banks to sever support to foreign criminal enterprises, while the European Union's Digital Services Act — an overly restrictive act we should not strive to emulate overall — contains important elements, such as provisions empowering member states to force takedowns of criminal platforms. Article content To address these gaps, Canada should introduce targeted carve-outs to the Stinchcombe disclosure requirements and the Jordan timelines for organized crime and national security cases and create secure protocols for using allied intelligence in prosecutions. Article content The Criminal Code's organized crime sections should be modernized to include enforcement against decentralized networks alongside stronger wiretap and production order powers for digital and offshore data. Article content Financial transparency must be improved through a more robust and enforceable beneficial ownership registry and expanded FINTRAC powers.
Express Tribune
26-07-2025
- Politics
- Express Tribune
Chief justice pays tribute to judiciary's 'silent strength'
Chief Justice of Pakistan (CJP) Yahya Afridi has underscored the urgent need to "humanize judicial reforms" by recognizing the emotional, psychological, and institutional pressures faced by judges, particularly at the district level. The CJP was addressing a national symposium on Friday held at the Federal Judicial Academy to mark the International Day for Judicial Wellbeing. The theme of the symposium was "The Human Dimension of Responsive Justice". The event brought together judges of the superior and district judiciary, legal experts, development partners, and institutional stakeholders for a landmark dialogue on judicial wellbeing in Pakistan. Addressing the event, Justice Afridi said a judge, who is institutionally supported is better able to be fair, focused, and effectively responsive. He reaffirmed his unwavering commitment to ensure dignity, protection, and institutional support for the judiciary. The CJP outlined a series of judicial reform initiatives led through the National Judicial (Policy Making) Committee, including the establishment of Model Criminal Trial Courts, issuance of timelines for speedy disposal of civil and criminal matters and development of a Professional Excellence Index. He also referred to formulation of ethical guidelines for the use of artificial intelligence (AI) in judiciary. He said the committee has placed special focus on the wellbeing of district judiciary, with reforms addressing extraneous influence, performance evaluation, standardized recruitment, parity in service terms, and enhanced access to international exposure. He also announced forthcoming memoranda of understanding with the Supreme Court of China and the Constitutional Court of Türkiye for judicial cooperation, including the exchange of judicial officers. The CJP paid tribute to the silent strength of the judiciary and concluded with a resolute pledge: "This day is not just a tributeit is a promise. You are not alone. The entire institution stands behind you." The symposium later adopted a unanimous "Islamabad Declaration on Judicial Wellbeing", calling judicial wellbeing a "structural imperative" for a responsive and sustainable justice system. The declaration affirmed the need to embed judicial wellbeing in all areas of reformcase management, digital integration and infrastructure.
Express Tribune
12-07-2025
- Politics
- Express Tribune
Judiciary vows to counter 'external influence'
Chief Justice of Pakistan and Chairman National Judicial (Policy Making) Committee Justice Yahya Afridi chairing the meeting of NJPMC at Supreme Court of Pakistan today on Friday, July 11, 2025. Photo: Supreme Court Website Listen to article The National Judicial (Policy Making) Committee (NJPMC) has decided to protect judicial officers from external influence and asked the high courts to establish structured mechanisms for reporting and redressing such instances within a stipulated timeframe. A statutory body responsible for formulating and implementing judicial policy, the NJPMC held its 53rd meeting on Friday at the Supreme Court of Pakistan. The meeting chaired by Chief Justice of Pakistan (CJP) Yahya Afridi was attended by chief justices of all provincial high courts as well as the Islamabad High Court (IHC). The additional attorney general for Pakistan (AAGP) also attended the moot on special invitation. According to a statement issued after the meeting, the NJPMC also took serious notice of enforced disappearances in the country. The committee unanimously resolved that the judiciary would not compromise on its constitutional duty to safeguard fundamental rights. In this regard, it formed a dedicated committee to formulate an institutional response, after taking into consideration concerns of the executive, to be communicated through the attorney general for Pakistan (AGP). The committee deliberated on key policy issues and adopted several significant measures to improve judicial performance, technology integration in judicial processes and citizen-centric justice delivery. To improve the commercial dispute resolution landscape, the NJPMC approved the establishment of Commercial Litigation Corridor, with specialized courts and benches. In line with its commitment to expeditious justice, it endorsed the piloting of a Double-Docket Court Regime in select districts on need basis with optional participation. The framework for Model Criminal Trial Courts was also approved to address long-pending criminal cases through time-bound trials and optimized judicial resources. In a major step towards strengthening Alternative Dispute Resolution (ADR), the committee approved launch of a court-annexed mediation regime as a pilot project. This includes the establishment of district mediation facilities, family court mediation centers and standardized SOPs for operational purposes. To ensure consistency and excellence in the district judiciary, the NJPMC constituted a committee headed by a former Supreme Court judge, Justice (retd) Rehmat Hussain Jafferi. It will recommend key performance indicators aligned with international benchmarks, standardized recruitment and training mechanisms, address disparities in service conditions and propose a framework for the District Judiciary Policy Forum as well as overseas exposure opportunities for judges. The committee also includes Balochistan High Court (BHC) chief justice, registrars of the high courts and the Federal Judicial Academy director general. The committee also approved the development of a Professional Excellence Index for talent hunt of lawyers for induction in judiciary and asked the high courts to finalize their models within 30 days. The ethical and policy implications of using generative AI in judicial functions were discussed, and the National Judicial Automation Committee (NJAC) was asked to finalize a comprehensive charter on ethical use of AI in this regard. The committee appreciated Punjab inspector general of police for his detailed presentation proposing various reform intervention on behalf of all the IGPs of the provinces and Islamabad. It also decided that the high courts shall issue standard operating procedures (SOPs) for attendance of under trial prisoners and official witnesses through video link. It was also decided that the federal and provincial judicial academies shall conduct trainings for police officers including district police officers on request of the respective IGPs. On the request of the AAGP, the NJPMC decided that all constitutional petitions pertaining to tax and financial matters shall be heard and decided by high court division benches instead of single benches. The NJPMC appreciated the initiatives of the Lahore High Court regarding construction of female bar rooms, daycare center and health insurance for judges and their family members. It was decided that all the high courts will approach their respective provincial governments for similar facilities. It was also decided that the NJPMC Secretariat shall take up the proposal of consultation with the presiding office before transfer of ministerial staff of the administrative courts and tribunals with the federal government. "The NJPMC reaffirmed its commitment to a progressive, transparent and responsive judicial system, rooted in constitutional values and guided by the rule of law," it added.
Express Tribune
11-07-2025
- Politics
- Express Tribune
Top judges' body forms panel to address missing persons issue
Chief Justice of Pakistan and Chairman National Judicial (Policy Making) Committee Justice Yahya Afridi chairing the meeting of NJPMC at Supreme Court of Pakistan today on Friday, July 11, 2025. Photo: Supreme Court Website Listen to article The National Judicial Policy Making Committee (NJPMC) unanimously decided to address the issue of enforced disappearances, establishing a special committee to formulate an institutional response in collaboration with the executive. Chaired by Chief Justice of Pakistan Yahya Afridi, the body convened its 53rd meeting to discuss key judicial reforms on Friday. The committee approved several initiatives aimed at enhancing the judicial system, including the establishment of a "Commercial Litigation Corridor" for faster resolution of business disputes and the introduction of "Model Criminal Trial Courts" for expediting criminal cases. Also Read: Islamabad court suspends YouTube ban on prominent journalists, critics It also endorsed the creation of a pilot system for Alternative Dispute Resolution (ADR) and initiatives to standardise judicial procedures across districts. A major focus was also placed on improving the inclusion of lawyers in the judicial process, including the development of a "Professional Excellence Index." The committee further discussed the ethical implications of using Generative AI in court operations and tasked the National Judicial Automation Committee to draft a comprehensive ethical framework. In terms of judicial infrastructure, the committee praised initiatives like the construction of women lawyers' bar rooms and daycare centers, along with health insurance for judges and their families. Moreover, the committee decided that tax and financial-related constitutional cases would be handled by division benches in the High Courts instead of single benches.
Daily Mail
29-05-2025
- General
- Daily Mail
All the explosive evidence Idaho murders suspect Bryan Kohberger doesn't want jurors to see
In less than three months, Bryan Kohberger will finally go on trial for the murders of four University of Idaho students in a case
