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Sent on behalf of the Federation of Ontario Law Associations (FOLA)
Attached is an Order in Council dated April 22 permitting that wills and POA’s be signed virtually and in counterpart. It is intended that the order will remain in place until the end of the declared state of emergency. You can learn more and access the link to the legislation here.
Katie W. Robinette, Executive Director, FOLA.ca
Need answers to COVID-19 issues regarding the practice of law? CLICK HERE.
Here is my Newmarket OCJ update for April 23, 2020
In Custody Remand And Scheduling Protocol
The OCJ in Newmarket has endeavoured to attend to bail hearings in a timely fashion. The primary challenge during the public health crisis has been with the limited video and audio capacity at the Central East Detention Centre and associated scheduling issues.
I am being made aware that a significant issues is and continues to arise from counsel setting multi-hour hearings only to later ask for an adjournment for one reason or another. Each time slot wasted takes a potential timely release away from another detainee
Counsel are again asked to be vigilant in ensuring a scheduled bail hearing is truly ready to go, including that interpreters have been ordered, that sureties are available, that discussions on a consent release have been fully exhausted and resolution,where appropriate, is canvassed.
There is universal appreciation and thanks for the clear efforts by most counsel to adapt to and support the unique situation currently faced in the criminal justice system. For clarity I have re attached the scheduling protocol released by the Regional Senior Justice.
Electronic Bail Variations Now Available
A protocol for obtaining bail variations electronically has now been approved and available for Newmarket OCJ matters. I have attached the variation form applicable to adult matters, adult with PARs, and youth matters, as well as the surety affidavit form. These forms can also be found on the yorklaw.ca website under Court Info/Forms Criminal.
The procedure to obtain a bail variation electronically is as follows:
1. Defence counsel complete the following forms electronically and submit to the assigned Crown. If there is no assigned Crown it will be sent to Sean Doyle at Sean.Doyle@ontario.ca and David Moull at David.Moull@ontario.ca.
2. Crown will review the variation and sign electronically.
3. Crown will send the following documents to the Newmarket Criminal Administration Office via yorkcrim@ontario.ca.
4. Newmarket Criminal Administration Office will log each variation and send the attachments to the OCJ Judicial Assistants via OCJNewmarketJudicialReview@ontario.ca.
5. A Judicial Assistant will send the documents to the assigned judge for consideration.
6. If denied, the Judicial Official will advise the Judicial Assistant who will notify Crown and Defence Counsel. The Judicial Assistant will then notify the Newmarket Criminal Administration Office via yorkcrim@ontario.ca.
7. If approved, the Judicial Assistant will insert the Judicial Official’s electronic signature and provide electronic copy to Crown and Defence counsel as well as the Newmarket Criminal Administration Office via yorkcrim@ontario.ca.
8. Newmarket Criminal Administration Office will print the documents and attach to the information and save a copy in the P: drive P:COURT SERVICESE-OrdersCENTRAL EAST SCANNED RELEASE ORDERS and send to the bail distribution list.
For the purpose of consent bail variations during the COVID-19 pandemic, electronic signatures will be used. Electronic signatures is defined as the identified stakeholder typing in their name into the document.
Law Society Of Ontario
Per the Law Society of Ontario: Virtual Commissioning
As a result of COVID-19, until further notice:
(i) The Law Society will interpret the requirement in section 9 of the Commissioners for Taking Affidavits Act that “every oath and declaration shall be taken by the deponent in the presence of the commissioner or notary public” as not requiring the lawyer or paralegal to be in the physical presence of the client.o Rather, alternative means of commissioning such as commissioning via video conference will be permitted.
(ii) If lawyers and paralegals choose to use virtual commissioning, they should attempt to manage some of the risks associated with this practice as outlined below.
(iii) Managing the Risk of Virtual Commissioning: If a lawyer or paralegal chooses to use virtual commissioning, the lawyer or paralegal should be alert to the risks of doing so, which may include the following issues:
Sincerely, Norman Panzica, York Director, Criminal Lawyers Association
Justice Adapting - The Ontario Courts
Apr 23, 2020 11:00 AM
Eastern Time (US and Canada)
Register
Here is my Newmarket OCJ Update for April 22, 2020
Teleconference JPT's available for ALL Criminal Matters
Local Administrative Justice Ghosh has advised that Counsel may set teleconference judicial pre-trials in Newmarket for any criminal matter, including:
Ideally a recent Crown pre-trial will have been conducted before a judicial pre-trial is pursued. To arrange a judicial pre-trial, counsel can email the trial coordinator at coordinator at:
Newmarket.OCJ.Criminal.TrialCoordinator@ontario.ca
Counsel are advised to contact the assigned crown, or if no one assigned, then the resolution crown or David Moull prior to scheduling the available judicial pretrials.
Surety Approvals E -submission/Unsworn
I sent out previously suggested protocol being adopted by several Newmarket jurists with respect to the receipt of unsworn surety materials which has the approval of the provincial crowns. I can now confirm that the federal crowns as well, concur with this process.
In addition, some matters are currently being addressed without the delivery of any surety forms, sworn or unsworn, often for matters conducted by duty counsel. In those circumstances, proposed sureties simply provide their info by viva voce testimony on the record. In either scenario the signatures of any surety is not being required in surety forms.
I reproduce the suggested protocol below for ease of reference:
In short the question of whether a sworn surety affidavit is required to conduct a show cause hearing comes down to the position of the particular jurist. This protocol dispensing with surety signatures is a suggestion for jurists supported by both the provincial and federal crowns, as well as the Local Administrative Justice. However it does not bind anyone.
I will update if a universal position on the surety signature requirement is adopted.
Below please find a link to a Notice from the Chief Justice of the Ontario Superior Court of Justice that states in part that the Superior Court of Justice will not recommence criminal or civil jury selection or jury trials until September 2020 at the earliest.
https://www.ontariocourts.ca/scj/notice-suspension-criminal-and-civil-jury-trials/
Attached is an email that was sent out by Legal Aid Ontario outlining information which may assist lawyers seeking release of clients either through the bail process or by the early release of a sentenced inmate.
The documents referred to in the email are attached and can also be found on the FOLA website on our Legal Aid page and on our Criminal Law page.
I would appreciate if you would forward this information on to your members who practice criminal law.
Thank you for your assistance,
Terry Brandon
FOLA Legal Aid Chair
Here is my Newmarket OCJ update for April 20, 2020.
In Custody Access to Counsel
In order to assist with and facilitate communication with their counsel, accused at Central East Corrections are receiving PIN cards. The cards have 20 dollars of available talk time and can be used by inmates from the POD phones at the facility. An additional 20 dollars of talk time will be provided to those at Central East Corrections on May 1st.
Surety Approvals E-submission/Unsworn
There is an ongoing effort to both limit contact with persons and paperwork, and as well, to ensure timely receipt and distribution of bail materials. While there is no certainty the judicial officer will agree, the Newmarket Head Provincial Crown has agreed to the following procedure concerning the delivery of proposed surety materials
Bail Vettors There will continue to be two assistant crown attorneys assigned as bail vettors. For this week, they are:
LeeAnne McCallum:
LeeAnne.mccallum@ontario.ca
Elissa Kuipers:
Elissa.Kulpers@ontario.ca
Resolution Crown
This week's resolution crown is Sham Kumaresan. She can be reached at:
Shambavi.Kumaresan@ontario.ca
Sincerely,
Norman Panzica, York Director, Criminal Lawyers Association
NOTICE TO THE PROFESSION – CENTRAL EAST REGION – CIVIL - Amended April 14, 2020
NOTICE TO THE PROFESSION – CENTRAL EAST REGION – FAMILY - Amended April 17, 2020
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