Corinne Sparks of Nova Scotia was Canada’s first black woman judge. She was also the object of a racial bias complaint that reached the Supreme Court and stunted her career.

To mark the International Day of Women Judges, we’re replaying this July 2025 interview about it with Constance Backhouse, a legal historian at the University of Ottawa. Her latest book is Reckoning with Racism: Police, Judges, and the RDS Case.

Verdicts & Voices is a legal current affairs podcast presented by the Canadian Bar Association. With her retinue of expert guests, host Alison Crawford keeps listeners up to date on news, views, and stories about the law and the justice system in Canada.

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In 2016, when the Supreme Court issued its landmark decision in R. v. Jordan, it called out a “culture of complacency” toward delays in Canadian court proceedings. The decision revolutionized Canadian criminal law, imposing strict timelines for bringing cases to trial: 18 months for provincial court, 30 months for superior court. If the timelines aren’t met, charges are stayed, and the accused can be released.

A decade later, some are pushing back, arguing Jordan is undermining trust in the justice system by causing guilty people to go free. And new federal legislation proposes to limit stays by having judges consider (undefined) alternative remedies, while taking into account factors such as impact on the victim.

One of the lawyers on the Jordan case was Tony Paisana, a partner at Vancouver’s Peck and Company and a former chair of the CBA’s Criminal Justice Section. In this episode, he recalls the history of the case, explores what’s happened since, and contemplates whether new legislative measures could make the culture of Canada’s criminal courts complacent once again.

Verdicts & Voices is a legal current affairs podcast presented by the Canadian Bar Association. With her retinue of expert guests, host Alison Crawford keeps listeners up to date on news, views, and stories about the law and the justice system in Canada.

Notes:

CBA submission about Bill C-16, the Protecting Victims Act

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Cops and lawyers are famously “separate but equally important groups” within the criminal justice system. Police officers often encounter the practice of law – lawyers, warrants, the witness stand – but what makes some of them join it? How do they manage the transition? And how does their policing background help or complicate their legal careers?

Louis-Philippe Thériault is a lawyer with McInnes Cooper in Moncton whose practice focuses on commercial and corporate law. He spent 12 years with the RCMP, working on patrol, general investigations, and financial crimes, and he’s a Major in the Canadian Army Reserves.

Alain Babineau spent 30 years in law enforcement, including with the Ontario Provincial Police, the Military Police, and the RCMP. Now, he's articling at the Ontario Bar Association. He has also done anti-discrimination work in Montreal, notably with the Office of the Commissioner for the Fight against Racism and Systemic Discrimination, the Centre for Research-Action on Race Relations, and the Red Coalition.

Verdicts & Voices is a legal current affairs podcast presented by the Canadian Bar Association. With her retinue of expert guests, host Alison Crawford keeps listeners up to date on news, views, and stories about the law and the justice system in Canada.

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.