This morning I was part of a conference call with assorted Courthouse stakeholders.  The purpose of the call was to discuss issues with respect the prompt hearing of bail matters when they are ready to proceed. 

One of the most significant challenges faced by Newmarket stems from the limited resources available from to Central East Corrections to call into court and address those in custody remotely.  The limited number of pods available to contact courtrooms as well as the fact that Central East accommodates Oshawa and the Tri County courts (Peterborough,  Lindsey and Cobourg) in addition to Newmarket, presents further scheduling challenges. 

In addition, further delays are a result in part, of the following:

1.  A significant increase in past few weeks of new arrests increasing the numbers of persons appearing from Central East with no increase in remote appearance capacity.  

2.  Matters adjourned to next day, at the request of counsel or accused, rather than the 2 days or more as per the protocol, with no substantive purpose to be addressed, resulting in the waste of a time slot that could have been used by another in custody for a significant purpose.

3.  Counsel canceling at the "11th hour" (ie late night before or morning of) contested bail hearings resulting in a waste of that video/audio slot that could have been used by others in custody who are ready to proceed.  There have been 4 such last minute cancellations in past few days alone creating significant delays and problems. 

4.   Under the current reopening protocol,  persons in custody are dealt with exclusively remotely and cannot be physically brought to the Courthouse unless they are attending a preliminary hearing or a trial.

The RSJ is looking into addressing these issues and is reviewing input from stakeholders.  On a positive note, we anticipate increased remote capacity from Central East in late August. In addition, consideration is being given to the use of zoom bail hearings,  where matters are set for half day or more, where parties agree.

Sincerely, 

Norman Panzica 

York Director,  Criminal Lawyers Association