Here is my Newmarket OCJ Update for April 22, 2020 

Teleconference JPT's available for ALL Criminal Matters

Local Administrative Justice Ghosh has advised that Counsel may set teleconference judicial pre-trials in Newmarket for any criminal matter, including:

1. Any “non-urgent” out-of-custody matter,
   
2. “Second look” judicial pre-trials for matters previously set for trial or preliminary hearing, or for matters that have been previously pre-tried before the public health crisis – this may proceed before a new judge, and
   
3. Case conferences for bail hearings (which may include resolution discussions).
   

Ideally a recent Crown pre-trial will have been conducted before a judicial pre-trial is pursued. To arrange a judicial pre-trial, counsel can email the trial coordinator at coordinator at:

Newmarket.OCJ.Criminal.TrialCoordinator@ontario.ca  

Counsel are advised to contact the assigned crown, or if no one assigned, then the resolution crown or David Moull prior to scheduling the available judicial pretrials.

Surety Approvals E -submission/Unsworn

I sent out previously suggested protocol being adopted by several Newmarket jurists with respect to the receipt of unsworn surety materials which has the approval of the provincial crowns. I can now confirm that the federal crowns as well, concur with this process. 

In addition,  some matters are currently being addressed without the delivery of any surety forms, sworn or unsworn, often for matters conducted by duty counsel.  In those circumstances, proposed sureties simply provide their info by viva voce testimony on the record.  In either scenario the signatures of any surety is not being required in surety forms.

I reproduce the suggested protocol below for ease of reference:

1. Defence counsel completes with the proposed surety over the phone the following unsworn/unsigned documents: surety information / identification form; and the surety “affidavit” (not to be sworn)
   
2. These and other relevant bail proposal documents (deeds, banking records, etc.) are electronically transmitted to the Bail Vetting Crown and then to the court prior to the hearing; 
   
3. During the hearing itself (consent or contested), the proposed surety adopts the contents of the unsigned/unsworn documents under oath or affirmation (as an alternative to sworn/signed documentation).
   
4. The hearing is determined.
   

In short the question of whether a sworn surety affidavit is required to conduct a show cause hearing comes down to the position of the particular jurist.  This protocol dispensing with surety signatures is a suggestion for jurists supported by both the provincial and federal crowns, as well as the Local Administrative Justice.  However it does not bind anyone.

I will update if a universal position on the surety signature requirement is adopted. 

Sincerely, Norman Panzica, York Director, Criminal Lawyers Association