Can Judges Prepare Draft Reasons for Judgment Before Hearing the Closing Submissions of Counsel?
A trial judge may sketch out draft reasons either in advance of hearing counsel’s submissions or as those submissions are being offered, so long as the trial judge remains receptive to persuasion by counsel’s submissions. R. v. Chue [2011] O.J. No. 4149 (S.C.J.) , per Nordheimer J; R. v. Purewal , 2014 ONSC 2198 . Given the acute time pressures on trial judges, resort to this practice may often be necessary. No harm is created by the practice, and some practical benefit may be gained for the process as a whole, so long as it is done with considerable care for, and appreciation of, the impression it may create if it is not undertaken in an appropriate manner. R. v. Chue [2011] O.J. No. 4149 (S.C.J.), per Nordheimer J; See also R. v. Purewal, 2014 ONSC 2198 (CanLII), 2014 ONSC 2198, per Durno J. Of preeminent importance is that a judge must always keep an open mind, both in reality and in appearance. [FN] Some measure of time should be t...