The new protocol for in custody matters has been further updated this morning by Regional Senior Justice Rosenberg, and is set out below. To be clear, for the time being, this protocol is only applicable to Newmarket matters:
"Effective April 9, 2020 and thereafter for so long as the courts are restricted due to the COVID-19 pandemic,
• All bail hearings, contested or uncontested, shall be scheduled through the Trial Coordinator.
• All pleas shall be scheduled through the Trial Coordinator.
Bail continuations and plea continuations shall have priority over other matters unless there is an urgent matter such as a time served plea or a consent release, all which shall be scheduled through the Trial Coordinator. Matters shall no longer be adjourned for one day to:
- Schedule a trial or preliminary hearing
- Determine if sureties are available
- Determine if counsel is available
- Determine the status of negotiations between the crown and counsel/duty counsel
- Enter a plea involving a penitentiary sentence
- Set a date when the matter is not ready to proceed (Matters should be adjourned a longer period of time and brought forward when counsel/duty counsel are ready to set a date or proceed with the bail hearing or plea. Please note that CECC requires 24 hours advance notice to bring a matter forward.)
For all matters being scheduled for a Bail Hearing or a Plea, the Trial Coordinator requires the following information:
- Counsel’s name
- Accurate time estimate provided by both crown and counsel/duty counsel in consultation
- Whether an interpreter is required
- Name of correctional facility
REGIONAL SENIOR JUSTICE, ESTHER ROSENBERG
ONTARIO COURT OF JUSTICE
CENTRAL EAST REGION"
Sincerely, Norman Panzica, York Director, Criminal Lawyers Association