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.
Katie W. Robinette
Executive Director
FOLA.ca
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.
Newmarket Trial/Preliminary Hearing Scheduling
While the Ontario Court of Justice has provided guidance on the scheduling of trials and preliminary hearings, I have been asked to disseminate the procedure applicable to Newmarket matters.
1. Counsel are not to call or attend the Newmarket TC office to schedule a hearing.
2. Counsel must complete a CPT and then a JPT confirming a time estimate.
3. On completion of the CPT and JPT, counsel are required for Newmarket matters to complete and submit this Trial/Preliminary Hearing Scheduling Form:
https://documentcloud.adobe.com/link/review?uri=urn:aaid:scds:US:53d3b70e-b8c5-42fd-b064-e16ef96df23e
to the generic TC email address:
Newmarket.OCJ.Criminal.TrialCoordinator@ontario.ca
Please review the phase-1 trial scheduling procedure outlined in the attached link from the OCJ website, as well as the above trial scheduling form:
https://www.ontariocourts.ca/ocj/covid-19/notice-criminal-july2-2020/
To schedule a trial or preliminary hearing
Counsel are asked to collaborate with the Crown and arrive at a time estimate, often after a JPT, and fill out the scheduling form above. The form must be submitted to the generic TC email address above. Once the dates are approved, they will be confirmed on the following court date in whatever court the defendant was remanded to (in Newmarket, it is often 200 or 201).
Crown Assignments/Contact Information Week of August 10, 2020
Duty Counsel - ozkins@lao.on.ca
Monday August 10
202P – Nicole
Nicole.Murphy@ontario.ca
200 Court (judge) – Ivana
Ivana.Denisov@ontario.ca
201 Court (judge) – Brad
Bradley.Juriansz@ontario.ca
103 Bails -
Samantha -
Samantha.Peterson2@ontario.ca
Neil - Anil.Singh2@ontario.ca
104 Bails – Jina
Jina.Lee@ontario.ca
Bail Vettors –
Elissa - Elissa.Kulpers@ontario.ca
Remote Duty Crown – Lucas
Trials – Philip, Greg, Tony (remote backup for CDSA matter in 203)
**Sham – virtual PH all week
Tuesday August 11
200 Court (judge) – Jina
201 Court (judge) – Samantha
103 Bails - Neil
Anil.Singh2@ontario.ca
104 Bails – Tony
Tony.VandenEnde@ontario.ca
Brian - Brian.McCallion@ontario.ca
Remote Duty Crown – Rosanne
Rosanne.Choi@ontario.ca
Trials – Philip, Greg, Jacob (Guppy and Tipton probation review in 102), Erin (remote new arrest court if Falkenstein resolves)
Wednesday August 12
200 Court (judge) – Jeanaha
Jeanaha.Kim@ontario.ca
201 Court (judge) – Jeff
Jeffrey.Costain1@ontario.ca
103 Bails –
Brad - Bradley.Juriansz@ontario.ca
Ivana - Ivana.Denisov@ontario.ca
104 Bails – Tony (Blenman contested)
Gemma - Gemma.Sang@ontario.ca
Remote Duty Crown – Lori
Lori.Thompson@ontario.ca
Trials – Erin, Jacob (remote new arrests), Kellie
Thursday August 13
200 Court (judge) – Amy
Amy.Barkin@ontario.ca
201 Court (judge) – Philip
Philip.Hsiung@ontario.ca
103 Bails – Neil (Ponniah) / Ivana
104 Bails – Samantha
Trials – Michelle (bail), Tony, Greg (plea), Jacob (remote new arrests)
Friday August 14
202P - Gemma - Gemma.Sang@ontario.ca
200 Court (judge) – Jeff
103 Bails – Jeanaha (McMillan contested)
104 Bails – Kevin
Kevin.Stewart@ontario.ca
Trials – Greg (remote new arrests), Michelle (bail), Tony
Sincerely,
As you know, as part of its mandate, the Law Society recommends and makes appointments to a variety of boards, councils and committees.
The Law Society recognizes the importance of diversity in their appointments process and will take into account membership in equality-seeking communities and knowledge of equality, diversity and inclusion issues.
Currently, the LSO is seeking applications for the following:
The deadline for applications for the Legal Aid Board of Directors is August 15. They will be considering applications for other appointments beginning this fall.
Find more information and submit an application at:www.lso.ca/appointmentapplication
Need answers to COVID-19 issues regarding the practice of law? CLICK HERE.
Letter from Attorney General Doug Downey re Estate Act Consultations. Submissions due August 23, 2020.
Please be advised that the Ontario Court of Justice issued new criminal Notices and a Practice Direction last night. Please find the new notices at: https://www.ontariocourts.ca/ocj/covid-19/
On August 5, 2020, the Justice Services Online platform (ontario.ca/familyclaims and ontario.ca/page/file-civil-claim-online) has expanded to enable the online submission of close to 400 more types of civil and family court documents.
I have attached copies of a letter to the legal community, along with a poster.
Also, as you know, MAG has procured Thomson Reuters CaseLines for the SCJ and a two-week test phase will begin on August 10, 2020 for selected civil motions and pre-trial conferences in Toronto. The pilot will then expand incrementally to other practice areas and court locations. It is anticipated that CaseLines will be implemented province-wide in all SCJ court locations and practice areas by December 31, 2020.
Zoom CaseLines information session:
Monday, August 10, 2020 at 10:00 a.m.
Please click the following link to join this session and enter the passcode below:
https://ca01web.zoom.us/j/66103478817?pwd=dEpzdG5Mb2tZdDA3TmNnVitWa0t1UT09
Passcode (Required): 579037
This presentation will be recorded and available on the SCJ website for those who are unable to attend.
More information about the above webinar and e-Filing in Civil and Family Matters, please see the Supplementary Notice to the Profession and Litigants in Civil and Family Matters – Including Electronic Filings and Document Sharing (Caselines Pilot) (August 5, 2020). The Notice is available here.
Pease find attached, a copy of FOLA’s weekly Update.
Also, On August 1st, 2020, a new regulation was made under the Commissioners for Taking Affidavits Act to set out the framework for commissioners who wish to exercise their powers without being in the physical presence of the deponent or declarant. That regulation is available here.
York Region Law Association 50 Eagle St W, 3rd Floor Newmarket ON L3Y 6B1 905-895-2018 / 1-866-221-8864