See new practice notification re new applications and motions to change from Justice Michelle Fuerst under Court Info/Forms > Notices/Forms Family
NOTE FROM CROWN ATTORNEY OFFICE
Bail variations
Counsel are asked to send bail variation requests to the Duty Crown or the assigned Crown – not the bail vettor.
Contested Bail Hearings
Counsel conducting contested bail matters are asked, if possible, would also be helpful if counsel running to send their surety info and materials to the assigned Crown or the bail vettor well in advance, rather than a few minutes before the hearing starts or during the hearing.
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/Contact Info- Week of June 1, 2020
Monday June 1
202P – Rob DC Robert.DeChellis@ontario.ca
200 Court (judge) – Tony Tony.VandenEnde@ontario.ca
201 Court (judge) – Jeff Jeffrey.Costain1@ontario.ca
103 Bails - Michelle Michelle.Rumble@ontario.ca
104 Bails – Ivana Ivana.Denisov@ontario.ca
Bail Vettors – Leeanne LeeAnne.McCallum@ontario.ca
Elissa Elissa.Kulpers@ontario.ca
Remote Duty Crown- Amy Amy.Barkin@ontario.ca
Tuesday June 2
202P – Brad Bradley.Juriansz@ontario.ca
200 Court (judge) – Thompson Thompson.Hamilton@ontario.ca
201 Court (judge) – Jacob Jacob.Wilson@ontario.ca
103 Bails - Tony Tony.VandenEnde@ontario.ca
104 Bails – Martin Martin.Dionne@ontario.ca
Bail Vettors – Sham Shambavi.Kumaresan@ontario.ca
Leeanne LeeAnne.McCallum@ontario.ca
Remote Duty Crown – Lesley Lesley.Pasquino@ontario.ca
Wednesday June 3
202P - Greg Greg.J.Elder@ontario.ca
200 Court (judge) – Samantha Samantha.Peterson2@ontario.ca
201 Court (judge) – Erin Erin.Rizok2@ontario.ca
103 Bails – Kevin Kevin.Stewart@ontario.ca
104 Bails – Neil Anil.Singh2@ontario.ca
Bail Vettors – Elissa Elissa.Kulpers@ontario.ca
Sham Shambavi.Kumaresan@ontario.ca
Remote Duty Crown – Gemma gemma.sang@ontario.ca
Thursday June 4
202P - RDC Robert.DeChellis@ontario.ca
200 Court (judge) – Brian Brian.McCallion@ontario.ca
201 Court (judge) – Melissa Melissa.Henry@ontario.ca
104 Bails – Jacob Jacob.Wilson@ontario.ca
Remote Duty Crown – Amy Amy.Barkin@ontario.ca
Friday June 5
202P - Tony Tony.VandenEnde@ontario.ca
200 Court (judge) – Philip Philip.Hsiung@ontario.ca
201 Court (judge) – Michael Demczur Michael.Demczur@ontario.ca
103 Bails – Michael Ventola Michael.Ventola@ontario.ca
104 Bails – Samantha Samantha.Peterson2@ontario.ca
Norman Panzica
York Director, Criminal Lawyers Association
Please find attached, a copy of this week’s Sector Call Report. You can also find it (and past Reports) on our website here. Please do share with your members.
Katie W. Robinette, Executive Director, FOLA.ca
Need answers to COVID-19 issues regarding the practice of law? CLICK HERE.
New OCJ Remand Protocol Effective May 25, 2020
The Ontario Court of Justice has released a new remand Protocol effective today. Essentially, matters will continue to be adjourned 10 weeks from the current date.
The protocol applies to current court dates between May 25, 2020 and July 3, 2020. I have attached a link to the directive:
Taking Of DNA Samples
York Regional Police, Operations and Administration has established a mechanism for the taking of court ordered DNA samples during the time of the closure of the Newmarket Courthouse. A temporary location has been set up at 50 Eagle Street permitting the taking of court ordered DNA samples without bringing the public into the main building area. The room for taking samples is located south of the front doors near the Family Law Information Centre. The location has its own entrance and is completely closed off from the remainder of the building.
It is recommended that sentences with DNA orders be made for the following day at 50 Eagle Street at 10:00 a.m. Police will have ident processors available. The goal is to reduce the backlog anticipated when courts return to normal operations.
Crown Assignments Week of May 25, 2020
Here are the assistant crown attorney assignments for this week. Please be aware that the resolution/duty crown also addresses domestic matters.
Monday May 25
200 Court (judge) – Michelle Michelle.Rumble@ontario.ca
103 Bails - Greg Greg.J.Elder@ontario.ca
104 Bails – Jeff Jeffrey.Costain1@ontario.ca
Bail Vettors – LeeAnne LeeAnne.McCallum@ontario.ca
Tuesday May 26
202P – RDC Robert.DeChellis@ontario.ca
Wednesday May 27
202P - Brad Bradley.Juriansz@ontario.ca
103 Bails – Tony Tony.VandenEnde@ontario.ca
Remote Duty Crown – Kevin Kevin.Stewart@ontario.caThursday May 28
200 Court (judge) – Melissa Melissa.Henry@ontario.ca
201 Court (judge) – Brian Brian.McCallion@ontario.ca
Friday May 29
201 Court (judge) – Vanessa VANESSA.SZIRMAK@ontario.ca
Sincerely,
Norman Panzica, York Director, Criminal Lawyers Association
Operations Update
The Newmarket courthouse (and those across the Province) continue to work remotely with no scheduled physical reopening date in site. Matters continue to be conducted remotely, including bails, judicial pretrials and now resolutions less than 30 minutes in duration, primarily by participants calling in at scheduled times by telephone.
There are ongoing discussions with all stakeholders with respect to expanding operations but at this time entirely on a remote basis. And currently there are no trial dates are being set for any matters. Consideration is being given on potentially conducting aspects of trials remotely, but there is no concrete plan as yet. More is anticipated shortly.
Below is the list of daily crown attorney courtroom assignments and contact information. Please be advised that the duty crown will address both domestic and non domestic matters
Tuesday May 19
202P - Thompson Thompson.Hamilton@ontario.ca
200 Court (judge) – Jeff Jeffrey.Costain1@ontario.ca
201 Court (judge) – Tony Tony.VandenEnde@ontario.ca
104 Bails – Kevin Kevin.Stewart@ontario.ca
Wednesday May 20
200 Court (judge) – Neil Anil.Singh2@ontario.ca
Bail Vettors - Leeanne LeeAnne.McCallum@ontario.ca
Thursday May 21
200 Court (judge) – Rob DC Robert.DeChellis@ontario.ca
103 Bails – Erin Erin.Rizok2@ontario.ca
104 Bails –Michael Ventola Michael.Ventola@ontario.ca
Friday May 22
200 Court (judge) – Vanessa VANESSA.SZIRMAK@ontario.ca
103 Bails - Philip Philip.Hsiung@ontario.ca
Courtroom Call In Info
Here is the Courtroom Call In Information 416-
Tel. 212-8012 866-633-0848
Newmarket OCJ To Hear Non Urgent Matters
Local Administrative Justice Ghosh has released a new protocol to address the scheduling and hearing of non urgent, out of custody matters, beginning on May 19. 2020. This new protocol is designed to implement the recent direction from Chief Justice Maisonneuve's of May 9, 2020 addressing the hearing of non urgent matters.
As per Justice Ghosh, eligible matters will be those cases with counsel that can be resolved through withdrawals, diversions, peace bonds, stay of proceedings, pleas or sentencings that are expected to consume approximately 30 minutes of court time or less.
Hearings can be scheduled by contacting the Newmarket Crown Attorney's Office. In particular, please contact Sean Doyle (Sean.Doyle@ontario.ca) or David Moull (David.Moull@ontario.ca). The Crown will then arrange with the Assistant Trial Coordinators (Newmarket.OCJ.Criminal.TrialCoordinator@ontario.ca) to have the matter brought forward to an agreeable date. If difficulties arise with respect to scheduling, they will be brought to the attention of the Local Administrative Justice.
Hearings will proceed with only remote attendance by counsel and affected parties. Given the limitations of audio conferencing and the much higher demands it places on court staff, it will only be possible to schedule a small number of matters each day. As a result, these plea slots will be very valuable and it will be imperative that matters proceed as scheduled.
To ensure the effective operation of the court, any materials to be brought to the presiding justice's attention are to be emailed to the Assistant Trial Co-Ordinators at least two days prior to the hearing with the subject line clearly indicating the client, the time slot assigned and the courtroom.
Matters with prior JPT Positions
A plea can be scheduled with a jurist who has previously judicially pretried a matter. Jurists have agreed to generally support positions taken by other jurists during the public health crisis. If the hearing jurist disagrees with the position of the pretrial jurist, then the plea can be struck and the matter will then be remanded to the pretrial jurist.
Sincerely, Norman Panzica, York Director, Criminal Lawyers Association
NOTICE TO THE PROFESSION PROTOCOL FOR CIVIL MATTERS IN THE SUPERIOR COURT OF JUSTICE, CENTRAL EAST REGION - Effective May 19, 2020
NOTICE TO THE PROFESSION PROTOCOL FOR CRIMINAL MATTERS IN THE SUPERIOR COURT OF JUSTICE, CENTRAL EAST REGION - Effective May 19, 2020
NOTICE TO THE PROFESSION AND FAMILY LAW LITIGANTS PROTOCOL FOR FAMILY AND CHILD PROTECTION MATTERS IN THE SUPERIOR COURT OF JUSTICE, CENTRAL EAST REGION - Effective May 19, 2020
Please find attached, a copy of this week’s COVID-19 Update. It can also be found here.
Kristin Muszynski, on behalf of FOLA, has been working on the e-Task force with the Advocates’ Society, the Ontario Bar Association, and the Ontario Trial Lawyers Association to review technologies that can help ensure Ontario’s justice system continue to function during and following the coronavirus pandemic. One of the issues they looked at were e-Hearings.
Today, they released some helpful documents on best practices to help provide guidance to anyone who is considering preparing for and participating in a remote hearing. Those documents are available on our website here and are also attached.
Katie W. Robinette
Executive Director
FOLA.ca
This is my Newmarket OCJ update for May 9, 2020.
OCJ To Expand Hearing Of Criminal Matters
The Ontario Court of Justice announced on May 4, 2020 that it will not be returning to full operations on May 29, 2020 and in addition, that no trials or preliminary inquiries would be conducted until at least July 6, 2020 at the earliest.
The Ontario Court of Justice has now announced a "limited expansion" effective this Monday May 11, 2020 of the hearing of out of custody criminal matters. The goal is to accommodate resolutions of for out of custody matters where the Regional Senior Judge is satisfied that the necessary courthouse resources are in place.
The OCJ is also making judicial pre-trials mandatory for all criminal proceedings, including YCJA matters, i) that were scheduled for trial or preliminary hearing between March 16, 2020 and July 3, 2020 that was, or will be, adjourned due to the pandemic; and ii) that are scheduled for a trial or preliminary inquiry between July 6, 2020 and October 30, 2020.
It is anticipated that the Court will be posting the updated COVID-19 Notice to Counsel and the Public shortly consolidating previous directives and providing important updates to the Court’s criminal operations.
Accompanying the updated Notice are two related protocols, one concerning the conduct of bail hearings, and the other for consent variations to bails and undertakings.
I have forwarded the Notice that I have received to Betty and Janet in order that it can be posted to the YRLA website. It can be found on the website under Court Info/Forms > Criminal. I will send any further updates as they become available.
York Region Law Association 50 Eagle St W, 3rd Floor Newmarket ON L3Y 6B1 905-895-2018 / 1-866-221-8864