Read the latest updates here.
18-Minute CaseLines Tutorial from the Superior Court of Justice.
The Ontario Court of Justice announced today the first stage of province-wide implementation of virtual criminal case management courts. Virtual criminal case management courts will be starting on Monday 24, 2020 in Cayuga, Goderich, Guelph, Orangeville, L’Orignal, Pembroke, Saint Thomas, Simcoe, Stratford, Windsor, Woodstock. They will be starting on Monday August 31, 2020 in Oshawa, Thunder Bay, Timmins and Toronto East (1911 Eglinton).
Additional information is available in the following Notice: Update regarding Criminal Case Management Appearances – Province-Wide Implementation of Virtual Case Management Courts (Published August 19, 2020).
Further details, including information about how counsel and accused persons can connect to the court by videoconference or audioconference, will be posted tomorrow.
Additionally, the Ontario Court of Justice has posted a new document that provides general information to self-represented accused persons who have criminal cases in the OCJ during the COVID-19 pandemic. This is not a complete review of the criminal process and does not cover every circumstance that might arise in a given case. The new guide is available here: Information for Self-Represented Accused Persons with Criminal Cases in the Ontario Court of Justice.
Katie W. Robinette
Executive Director
FOLA.ca
Need answers to COVID-19 issues regarding the practice of law? CLICK HERE.
Lawyers and legal assistants are invited to attend a CaseLines training session via Zoom on Thursday, August 20, 2020 from 8:00 – 9:00 a.m. Attend by clicking on the following link:
https://us02web.zoom.us/j/89304211356.
As a reminder, CaseLines is Ontario's new, online cloud-based document sharing platform to support in-person and virtual court proceedings.
The latest edition of the Federation of Ontario Law Association's Weekly Update is available here.
The SCJ has issued a filing direction for Commercial List and Estates List matters, effective today. You can find it here: https://www.ontariocourts.ca/scj/notices-and-orders-covid-19/commercial-list-and-estates-list-filing-direction/.
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 JUSTICETRIAL/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
103 Bails - Kevin (look at Larionov hearing) Kevin.Stewart@ontario.ca
104 Bails – Jacob Jacob.Wilson@ontario.ca
Bail Vettors – Elissa - Elissa.Kulpers@ontario.ca
Sham Shambavi.Kumaresan@ontario.ca
Remote Duty Crown – Lucas Lucas.O'Neill@ontario.ca
Trials – Leeanne (in person) and Philip (cover remote) in 102, Nicole in 205 Virtual, Brad in 204
**Martin and Caitlin – Galea PH all week
**Tony – SCJ all week
**Amy – Monday triage court
Tuesday August 18
202P – Greg Greg.J.Elder@ontario.ca
200 Court (judge) – Michael D. Michael.Demczur@ontario.ca
103 Bails - Neil (Project bail) Anil.Singh2@ontario.ca
Ivana (look at Sahal hearing) Ivana.Denisov@ontario.ca
Bail Vettors – Leeanne LeeAnne.McCallum@ontario.ca
Remote Duty Crown – Jina Jina.Lee@ontario.ca
Trials – Brad, Nicole
Wednesday August 19
202P – Neil Anil.Singh2@ontario.ca
200 Court (judge) – Greg Greg.J.Elder@ontario.ca
201 Court (judge) – Nicole Nicole.Murphy@ontario.ca
103 Bails – Philip Philip.Hsiung@ontario.ca
104 Bails – Samantha Samantha.Peterson2@ontario.ca
Leeanne LeeAnne.McCallum@ontario.ca
Remote Duty Crown – Lori Lori.Thompson@ontario.ca
Trials – Michelle (bail) Michelle.Rumble@ontario.ca
Thursday August 20
202P – Rob De Chellis Robert.DeChellis@ontario.ca
201 Court (judge) – Jina Jina.Lee@ontario.ca
103 Bails – Ivana (continuation) Ivana.Denisov@ontario.ca
Jeff - Jeffrey.Costain1@ontario.ca
Trials – Michelle (bail), Nicole
Friday August 21
202P - Brad Bradley.Juriansz@ontario.ca
103 Bails – Ivana (look at Ducheno hearing) Ivana.Denisov@ontario.ca
104 Bails – Philip Philip.Hsiung@ontario.ca
Trials – Nicole Nicole.Murphy@ontario.ca
Sincerely.
Norman Panzica
York Director, Criminal Lawyers Association
OCJ
On Monday August 17, 2020, the Court will begin scheduling out-of-custody cases adjourned due to COVID-19 in all court locations. In addition, the Court has revised the Trial / Preliminary Inquiry Scheduling Form that is used to schedule hearings. For more information, see Update regarding the Scheduling of Criminal Trials and Preliminary Inquiries
The Court has issued a Practice Direction setting out a procedure for accused persons who are in custody to waive their right to appear personally before the Court and request to have their matter adjourned in their absence, by instructing defence counsel to complete and file a Waiver and Request for Adjournment / Remand in Accused Person’s Absence” form on their behalf. See: Waiver of Personal Attendance and Request for Adjournment / Remand by Accused Persons in Custody
SCJ
The SCJ has replaced Provincial Practice Direction Regarding Criminal Proceedings with the Provincial Practice Direction / Amendment to the Criminal Proceedings Rules Regarding Criminal Proceedings. It is available on the SCJ website at https://www.ontariocourts.ca/scj/practice/practice-directions/criminal/.
The Federation of Law Association's weekly update is now available. Please click here to view.
The Small Claims Court is further expanding its remote hearings in order to continue to provide access to justice.
As of today, August 10, 2020, the Court will begin scheduling select remote settlement conferences that are requested by one party to an action and meet the criteria set out below.
This expansion will be staggered over time, applying first to settlement conferences that were scheduled to take place between March 16 and March 31, 2020 and cancelled due to the COVID-19 pandemic.
The criteria for scheduling are:
The Court intends to expand to other previously scheduled settlement conferences in the near future, once capacity allows.
Further details will appear on the Superior Court of Justice website later today.
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