Positive Covid 19 Test

Attached is a memo indicating that a courthouse staffer recently tested positive for the virus.  Indications are that exposure came by way of community spread and unrelated to the Courthouse.

There are currently no additional COVID-19 concerns with courthouse operations and attendance based on this one positive test.

Remote Case Management Court 

Remote Case Management Court is currently scheduled to begin in the Newmarket Courthouse on Monday September 22, 2020 by way of Zoom.  Other courts have already commenced the remote process of addressing matters, including Oshawa.  

Current experience reveals that the remote court has been operating slowly compared to the prior in person model.  For speed of operation it would be of assistance for counsel with multiple matters to notify the crown of their matters by sending a list or through a form of virtual sign up sheet. 

Counsel To Attend By Zoom Video

Counsel are encouraged to defend by way of video and by use of the Zoom link, as they will be identified quicker.  When using audio, all that is displayed is the last few digits of the phone number. With Zoom the participants name is displayed, assisting all in the virtual courtroom. 

Counsel are also encouraged to use the enhanced designation which is found online. A sample is attached here.

The Zoom link will remain constant and will be posted on the OCJ website.  Notices will be posted on the OCJ website and door and accused notices will be distributed.

Order Of Counsel/Virtual Sign Up

A significant issue to address is a manner of establishing a process to determine the order that counsel matters are called.  Normally, and in the past subject to the view of the Assistant Crown Attorney calling the list, the tradition has been either to proceed based on a “first come first served” basis, or alternatively, to call matters in order based on counsel's year of call.

The Criminal Lawyers Association is developing and suggesting the use of an on-line virtual sign up sheet,  accessible on-line. The format is being reviewed by the tech people at MAG to confirm there are no obvious tech or security concerns.

No Tiered Court List

Recent experience has shown that the use of a tiered system was inefficient.  Hence, unlike prior to the Pandemic, there will not be a tiered list in case management court.  The crown will call the list as usual but counsel will take priority over unrepresented accused.

The Court Clerk will be hosting the court and will be allowing parties into the virtual courtroom. The crown attorney office Crown will not co-host. 

Provision will be made for the use of break out rooms that are within the Zoom courtroom.  Notices will be provided to the accused at the courthouse (if they attend) with information on how to contact Legal Aid.  The courtroom is a remote courtroom and the accused must attend through the Zoom options – video or audio.

Additional meetings are anticipated prior to the launch of the Remote Case Management Court on September 22, 2020.

See next Blog entry for Courtroom call-in Information for this week.

Sincerely, Norman Panzica, York Director, Criminal Lawyers Association