Legalviews Personal

Some litigators tell me that they and their law firms find many practical aspects of Alberta litigation very difficult to navigate successfully. Some of their worries sound big, deep, and permanent.

I suggest that lawyers communicate their views to the Court of King’s Bench. Many of the concerns will not be news to the justices of that court. Some may be, or the court may not realize their full importance. Two big problems sound like shortage of resources and the Supreme Court’s forcing onto the superior courts more and more work and priority in criminal matters. Another problem may be the accumulated difficulties left by a pandemic, increased self-representation, and inflation. Then there is filing. Adopting and requiring electronic communications and court documents is on balance good and necessary. But it has introduced some problems, especially when combined with backlogs.

After the Second World War, General Eisenhower said that planning is essential, but no plan entirely survives its first contact with big actual problems. In other words, all good plans will need some adjustment necessitated by experience.

Suggestions or complaints to the Court of King’s Bench will work much better if thought through and to a degree coordinated, and if sent by or via the right people.

The Canadian Bar Association’s Alberta Branch, and the Law Society of Alberta, have relevant committees. Communications from or through them are often more likely to be coordinated and persuasive. The Court of King’s Bench also has relevant committees. So it would be useful to address or copy comments or suggestions either to Justice Poelman in Calgary, Justice Burns in Edmonton, or Justice Yungwirth for family law topics. They are very experienced, dedicated, and thorough.

Some lawyers’ comments make me think that sometimes the problem may not be so much whether the court’s procedure is apt. Maybe it is more how lawyers can find, sort out, keep up with changes to, reconcile, and understand, what they must do. That answer may be somewhere in the many recent statutes, Rules of Court, Practice Directions or Notes, Announcements to the Bar and public, and unpublished Clerks’ procedures. If so, the Court may be able to give useful information, or clarify and consolidate its publications.

If one of the court’s problems is lack of resources, Bench and Bar may be able to plan some effective way to communicate with all levels of government, business, and the public.

– Hon. J.E. Côté

THE SUGGESTIONS BOX