York Region Law Association - Newmarket OCJ Update August 17, 2020

Newmarket OCJ Update August 17, 2020

17 Aug 2020 9:37 AM | Anonymous

The Ontario Court Of Justice Continues Re-opening - New Forms/Protocols

The Court last week posted important additional information, including new protocols as it endeavours to improve and increase the pace of the conduct of criminal matters in the Ontario Court of Justice. I have attached copies of forms and protocols below.

Out of Custody Matters

As of today, Monday August 17, the Court will begin scheduling out-of-custody trial dates for matters that had been adjourned due to COVID-19 in all court locations across the Province. The scheduling will follow a similar protocol as was previously set out for in-custody matters, including delivery of the new and requisite trial /preliminary hearing form.

This protocol however does not apply to all matters, and the courts are still in a gradual re-opening process. A revised trial/prelim scheduling form is attached and is expected to be used.

In Custody Matters

With respect to in custody matters, a new Practice Direction has been implemented with respect to administrative or set dates/remands. This protocol permits those matters to be addressed in the absence of the accused and counsel, for simple, routine adjournments. A written form must be filed electronically, providing information and confirming that the accused has waived their right to appear by video. Counsel may choose to conduct the appearance by video/audio, but is not obliged to do so.

This form provides in part:

" ...it may be completed by Defence Counsel (including duty counsel and agents authorized under ss. 800(2) and 802.1 of the Criminal Code) on behalf of an accused person who is in custody, where the accused person has instructed counsel that they wish to waive their right to appear personally before the Court and have their matter adjourned in their absence. This form is for case management appearances only; unless a judicial official directs otherwise, it should not be used for a trial, preliminary inquiry or bail hearing."

The use of these waivers will clearly reduce Court time formerly required to.remand these matters, as it removes the time spent in court waiting for accused persons to be brought from the cells to the video screen or audio room. In addition counsel will not be required to appear and address the court unless they wish to.

I have attached below:

1. Form - COVIID-19: WAIVER AND REQUEST FOR ADJOURNMENT / REMAND IN ACCUSED PERSON’S ABSENCE (ACCUSED PERSONS IN CUSTODY)

2. Practice Direction - COVID-19: Waiver of Personal Attendance and Request for Adjournment / Remand by Accused Persons in Custody, under rules 4.5 and 5 of the Criminal Rules of the Ontario Court of Justice

3. Notice: Update regarding the Scheduling of Criminal Trials and Preliminary Inquiries

4. Form - ONTARIO COURT OF JUSTICE
TRIAL/PRELIMINARY INQUIRY SCHEDULING FORM

ACCESS TO ZOOM HEARINGS

In addition to the new protocols effective today, Zoom capacity will be more broadly available for hearings for inmates in correctional institutions across the Province. In addition to the Mobile Units in Central East Corrections and the Toronto South Detention Centre,, technology that allows JVN to connect to Zoom will be available:

1. Enabling any proceeding that is scheduled through JVN video in a correctional institution to also be connected to Zoom.

2. Courtrooms with JVN video capacity can utilize this zoom room connector

3. Will make it possible in some courts to arrange fully or partially remote proceedings by Zoom, without the JVN video technology in the actual
courtroom provided there is JVN capacity in the applicable correctional
facility.

These improvements will require court staff and courtrooms to have appropriate equipment and technology, all of which issues are being addressed by Justice Services Technology and Court Services.

Courtroom Call In Information

Tel. 416-212-8012 866-633-0848

100 Intake/Other matters #4942812

103 Bail #4674204

104 Bail #6532049

200 Remand/Plea #5467574

201 Remand/Plea #9851321

Crown Assignments Week of August 17, 2020

Monday August 17

202P – Jina Jina.Lee@ontario.ca

200 Court (judge) – Jeff Jeffrey.Costain1@ontario.ca

201 Court (judge) – Samantha Samantha.Peterson2@ontario.ca