Legal writing and reasoning from a Canadian perspective: public lesson held by judges Marc Richard and Martel D. Popescul

30. 05. 2024

The trainees of the National Institute of Justice participated on Wednesday, May 29, 2024, in the public lesson on the subject of legal writing and reasoning. The expertise was shared by Canadian judges J. C. Marc Richard, Chairman of the Supreme Court of New Brunswick, and Martel D. Popescul, President of the King's Court (King’s Bench) for Saskatchewan.

Prior to the event, Ad interim Director of the National Institute of Justice Adrian Cerbu discussed with Canadian magistrates about the importance of exchanging experiences between different judicial systems, which can contribute to the initial training of NIJ trainees, as well as to the improvement of judicial practices.

During the public lecture, Marc Richard and Martel D. Popecul emphasized the necessity for clear and concise legal writing, with logical structuring and precise expression, being essential to effectively communicate legal decisions and to avoid misinterpretations. Candidates to the position of judge and prosecutor were also encouraged to develop drafting skills that would ensure the clarity and consistency of their legal arguments.

The meeting with Canadian judges had an interactive format, trainees had the opportunity to ask questions and receive answers. Thus, the magistrates of Canada have detailed various aspects regarding the challenges encountered in motivating the court decisions, disciplinary sanctioning due to the non-fulfilment of the decision in the established terms, the evolution of legal writing standards in the context of the artificial intelligence development, and how the change of precedent in Canada takes place, etc.

The event took place thanks to the Moldova-Canada Technical Assistance Project (TAP), with the support of the Agency for Judicial Relations (FJA) attached to the Department of Justice of Canada, and it served as a good opportunity for candidates to the positions of judge and prosecutor to deepen the knowledge necessary for their chosen career.