Comment on Cabinet Committee on Litigation Management

Omar Ha-Redeye was interviewed by Jolson Lim of the Hill Times on the government’s new court strategy in Details sparse on year-old cabinet committee on litigation management,

The committee signals a sharp change in litigation strategy for the federal government, Omar Ha-Redeye, a lawyer for Fleet Street Law in Toronto and a professor at Ryerson University, told The Hill Times.

He said the new approach to litigation by the Liberal government includes “strategically settling claims” when it guessed it wouldn’t pass a Charter test in court or anticipate high litigation costs, especially with lawsuits involving Indigenous Peoples.

Prof. Ha-Redeye said the previous Conservative government would fight lawsuits in court despite knowledge the cases would not survive a Charter challenge.

“The effect of that committee has been to streamline federal litigation and trying to remove the unnecessary litigation,” he said.

But Mr. Nicholson said he believes the committee added another layer of consultation and thus slowing down the pace of work for the justice minister, who currently has a large backlog of judicial appointments.