Here is my Newmarket OCJ court update for March 31, 2020.

In Custody Matters

There continue to be some issues in effectively addressing in custody Central East matters. As scheduling of remote in custody appearances is done region wide, accurate time assessments are essential and need to be provided the day before to the trial coordinator in order to efficiently and effectively schedule court lists.   It may be preferable to separate in custody appearances by court based on substantive appearances, such as bail matters,  versus simple remands.

There is an issue arising from clogging in custody lists with unnecessary appearances, as this takes valuable time from addressing substantive in custody matters.  Counsel are asked to remand in custody clients as long a period of time within their objectives as appropriate.  In addition, the former practice of short remands to ensure an accused is not moved between institutions is no longer necessary as in custody accused will not be relocated if they adjourned for a longer period of time.  

Counsel are asked to advise if there are difficulties accessing clients at Central East Corrections using access defense.   There have been reports of in custody accused waiting days to speak with their counsel.

Counsel Entering the Courthouse 

Concerning courthouse access by counsel, while counsel may be permitted to enter the building,  they are not to enter the courtroom.   Counsel who attempt to enter the courthouse can no longer use pass cards but instead must be screened by security.  

Access to the courthouse by counsel solely for purpose of accessing the law library is an issue that is under review and will be canvassed further today.  Denying physical access at this time prevents members from using electronic research materials via LexisNexis, as this electronic research access is only available to members while physically in the law library. Access by counsel for the sole purpose of attending the law library is currently being reviewed and a formal position is anticipated shortly.

New Surety Approval Protocol 

There is a new draft protocol for surety approval given the current environment.  The protocol is close to receiving approval and is anticipated to be implemented shortly. 

The Courtroom Call In Numbers list has been updated. See the Members Only page for the new numbers 

Norman Panzica, York Director,  Criminal Lawyers Association