Charles D. Gonthier Research Fellowship
The Canadian Institute for the Administration of Justice provides funds for the Charles D. Gonthier Research Fellowship, named in honour of Mr. Justice Charles Gonthier of the Supreme Court of Canada, a former President of the Institute. The Fellowship supports research in relation to the topic of the Institute's annual conference. Each conference focuses on a specific aspect
of the Institute's themes:
- Justice as a humanistic and social value
- Justice as a public service
- Justice in a global economy and interdependent world
"How Do We Know What We Think We Know: Facts in the Legal System"
We know that the effective pursuit of truth is a necessary condition of justice. Fact finding is indeed central to all legal systems. Legal consequences attach only after we contend with the question: 'what happened'? Judges and juries in criminal courts answer this question every day - whether in a break and enter or a murder case. They do it by applying the rules of evidence, knowing that those rules are how we determine whether a conviction or acquittal is just, or improper. Because the stakes are high in criminal cases, facts are established through rules of evidence that, historically, were highly technical. In the past 25 years, however, the Supreme Court of Canada has ushered in a set of revolutionary changes to the rules of evidence in several areas, including witness competence, privilege, hearsay and similar act evidence. It has developed a “principled approach” designed to return evidence law to fundamental first principles while conforming to the normative commitments of the Charter.
The focus of the Court's attention has been criminal law - and rightly so, given the tragedy of wrongful convictions. The academic commentary is similarly focused on the criminal context. The criminal law home of the revolution may, however, make for a limited application elsewhere. Administrative law tribunals, for example, have adapted and modified the strict rules of evidence over time, commensurate with the nature of the issues before them and the seriousness of the consequences at stake. It is time to assess the impact of the evidence law jurisprudence across the legal system - from family law mediation, administrative hearings, motions to strike in civil cases, public inquiries and the truth and reconciliation commission. How do decision makers in non-criminal areas grapple with the obligation to assess the need and reliability of the evidence, the cost of obtaining it, and the degree of probative value of the information? How should evidence law be taught in law schools? Is the focus on criminal law appropriate? It would also be interesting to consider the direction of evidence law in other jurisdictions, and to evaluate new theoretical models that may challenge some of the basic assumptions driving the reforms.
It is an exciting time in evidence law. The recent evolution in the law of evidence is a vital topic for those interested in our legal system, whether a decision-maker, advocate, litigator, academic, teacher, student and or law-maker. A conference on the theme of evidence law should attract a wide and diverse audience. Addressing comparative and theoretical scholarship will be both innovative and interesting.
Administration of Funds
The funds are administered by CIAJ on behalf of the successful applicant and are available to support research assistance or other out-of-pocket expenses, but may not be used as an honorarium. It is expected that the completed research will be presented to the Institute's annual meeting on October 10 and 11, 2013 in Toronto.
The maximum amount of the Fellowship is $7,500. The selection of the project for the research fellowship will be made by a committee composed of the President of the Institute (or his/her nominee), the CIAJ Academic Advisor, the Chair of the Research Committee, and one other person selected by the Research Committee. The successful applicant will be notified by the end of November and the completed research paper must be forwarded to CIAJ by the end of August 2013.
The recipient of the Charles D. Gonthier Research Fellowship is encouraged to seek publication of the paper in a reputable scholarly publication and to indicate, in an introductory note, that financial support for the research was provided by the CIAJ.
To Apply
For 2012-2013, the fellowship competition is open to faculty and graduate students at Canadian universities. Applicants should complete the attached application form and submit it, no later than November 5, 2012, to the address on the form. In addition to submission of a completed research report, the Institute expects to receive a complete account of expenditures.
