As this Court said in R. v. Nixon, 2011 SCC 34 (CanLII), [2011] 2 S.C.R. 566, not only
do joint submissions «help to resolve the vast majority of criminal cases in Canada», but «in doing so, [they] contribute to a fair and efficient criminal justice system» (para. 47).
Not exact matches
Notwithstanding the fact that the other plaintiffs had acknowledged that they were jointly and severally liable for anything for which the
Joint Venture might be liable, the court
did not accept the defendant's
submission that the
Joint Venture itself ought to be removed as being unnecessary with Justice Griffin stating:
«While we are concerned that the existing sexual harassment penalty jurisprudence is not coherent, we
do not think it appropriate to attempt to bring better order to that jurisprudence in a case proceeding on
joint submissions and without the benefit of adversarial
submissions.
If your lawyer and the Crown have a
joint submission for the judge, the judge
does not necessarily have to agree to it.
In relation to the SFO and the defendant making a
joint submission on sentence Thomas LJ also roundly rejected the assertion that it was lawful for a prosecutor to
do this; «the imposition of sentence is a matter for the judiciary».
It is also suggested in the government's written
submission to the
Joint Parliamentary Committee that the removal of a special measure is permissible at international law and
does not require the consent of Indigenous people.
It
did this through
submissions to all the inquiries conducted by the Parliamentary
Joint Committee on Native Title and the Aboriginal and Torres Strait Islander Land Fund, through a number of important reviews of aspects of the native title process, including a review commissioned by ATSIC into Native Title Representative Bodies32 and a review of PBC funding.33 It also commissioned an important paper in relation to water rights, of which native title was an important part.34 It is not clear whether the policy development role that ATSIC exercised in relation to native title issues has been transferred into the new arrangements and if so, how it is to be developed by the government.