Here is my Newmarket OCJ Criminal Court update for April 1, 2020.

In Custody Remote Scheduling 

More planning and communication between counsel,  duty counsel and the trial coordinator is resulting in more productive use of time slots from Central East Corrections. 

Duty counsel has primarily carried the burden on communicating with private counsel to assist with both scheduling matters and, as well, with getting counsel on the phone at the appropriate time.  Duty counsel emails private counsel in advance and has access to counsel phone numbers.  In this regard they have been successful in facilitating counsel audio appearances at the appropriate times, even when off an accused appears off schedule.

Bail Vetting

The crown is attempting to make known as early as possible who will be vetting bails so that positions can be communicated to Duty Counsel and Private counsel. In addition this will assist in timely delivery of surety information and identification to the bail vettor to improve overall efficiency of the bail process.  Early release of the name of the day's bail vettor is important as it changes daily.

Surety Approvals

When sureties attend the courthouse they are directed a desk to fill out a form and send same along with identification to private counsel or duty counsel. They are then asked to wait outside the courtroom to be available when needed for an audio call into court.  There have been communication issues with sureties as bail courts are in the basement where cell reception is poor.  They will now be directed to a better service area, perhaps on the second floor to improve audio communication. 

There is a potential for the court to adopt a bail policy and process dispensing with surety signatures on bail documents.  This matter is under consideration as a formal position is expected shortly.

Same Day Traversals 

There is still difficulty in arranging for a same day traversals and hence is this is generally not available.  Those matters are normally adjourned to the appropriate courtroom the next day to be dealt with. However, if there is for example,  a bail matter scheduled that has just become a time served guilty plea,  and if same can be communicated early enough in the day to the trial coordinator, then an attempt will be made to move the matter to a plea court. This is an exceptional request but efforts will be made to accommodate same.

Sincerely, Norman Panzica, York Director,  Criminal Lawyers Association

Dear Law Association Presidents and members,

FOLA continues to engage, as a stakeholder, along with others, to negotiate and advocate on behalf of the LAO  practising lawyer.  

Below is the newest successful advancement of expanded LAO services to be engaged during COVID-19.

The email from Marcus Pratt, as forwarded herewith, is self explanatory but should you have questions or additional commentary, please, reach out to me:  terrylbrandon@sympatic.ca.

These materials are also located on our website along with regular updated COVID -19 practice information and can be found at : https://fola.ca/legal-aid

Wishing you stay well, Terry L. Brandon, FOLA LAO Chair 

Subject: Emergency Certificate Coverage for Temporary Absence Passes

Good afternoon:

Please feel free to share this information with your members.

As part of LAO’s continuing response to COVID-19, lawyers will be able to apply for legal aid coverage on behalf of in‑custody clients requesting temporary absence permits.

A new application form will be available on our website by Friday, April 3, 2020.

This follows the Ontario government’s announcement that it would expand the use of temporary absence permits by allowing authorized inmates to be absent from an institution unescorted for a period of 72 hours or longer.

Lawyers may immediately start work related to obtaining TAPs on your clients’ behalf, but you must submit an application, once available, to receive coverage.

How it will work

 After downloading and filling in the application form, email it to the address provided.

We will process it without legal and financial testing, or merit consideration.

Each application requires that the lawyer attest to the following conditions to obtain coverage:

• The inmate is not serving a sentence for a violent offence and is not classified as a maximum security offender
• The inmate will not, by reoffending, present an undue risk to society during the absence·        

We will issue a legal aid certificate in advance. Signed consent and declaration forms may be submitted after May 29, 2020, where required.

See https://www.legalaid.on.ca/in-briefs/legal-aid-ontario-to-provide-coverage-for-temporary-absence-permit-tap-requests/

Take care and be safe, Marcus

Please find below link to our April 2020 Newsletter with all the important links to information your members need, tips and resources for lawyers during the epidemic, news about our Awards (note – the deadline has been extended!), and more!

Here’s the link: https://bit.ly/3dJC1QQ

It’s also available on our website here: https://fola.ca/fola-newsletters

And attached is the latest Response Update from the SCJ to association members’ questions.

Katie W. Robinette, Executive Director, FOLA.ca, 647-280-9340

Need answers to COVID-19 issues regarding the practice of law?  CLICK HERE.

Here is my Newmarket OCJ court update for March 31, 2020.

In Custody Matters

There continue to be some issues in effectively addressing in custody Central East matters. As scheduling of remote in custody appearances is done region wide, accurate time assessments are essential and need to be provided the day before to the trial coordinator in order to efficiently and effectively schedule court lists.   It may be preferable to separate in custody appearances by court based on substantive appearances, such as bail matters,  versus simple remands.

There is an issue arising from clogging in custody lists with unnecessary appearances, as this takes valuable time from addressing substantive in custody matters.  Counsel are asked to remand in custody clients as long a period of time within their objectives as appropriate.  In addition, the former practice of short remands to ensure an accused is not moved between institutions is no longer necessary as in custody accused will not be relocated if they adjourned for a longer period of time.  

Counsel are asked to advise if there are difficulties accessing clients at Central East Corrections using access defense.   There have been reports of in custody accused waiting days to speak with their counsel.

Counsel Entering the Courthouse 

Concerning courthouse access by counsel, while counsel may be permitted to enter the building,  they are not to enter the courtroom.   Counsel who attempt to enter the courthouse can no longer use pass cards but instead must be screened by security.  

Access to the courthouse by counsel solely for purpose of accessing the law library is an issue that is under review and will be canvassed further today.  Denying physical access at this time prevents members from using electronic research materials via LexisNexis, as this electronic research access is only available to members while physically in the law library. Access by counsel for the sole purpose of attending the law library is currently being reviewed and a formal position is anticipated shortly.

New Surety Approval Protocol 

There is a new draft protocol for surety approval given the current environment.  The protocol is close to receiving approval and is anticipated to be implemented shortly. 

The Courtroom Call In Numbers list has been updated. See the Members Only page for the new numbers 

Norman Panzica, York Director,  Criminal Lawyers Association

Please find attached a letter from the FOLA Real Estate Committee relative to MCAP’s recent decision to remove lawyers from refinancing matters.  The link to the MCAP notice can be found at 

https://bit.ly/33VA6nR

Merredith MacLennan and Eldon Horner, FOLA Real Estate Co-Chairs

 The fully remote court process is being implemented today with adjustments to be made as issues arise. The new directive restricting public access to the courts is in place, limiting physical courtroom presence to jurists, clerks and court reporters, applying appropriate social distancing.  All other participants are to appear remotely and for most by audio.

Sureties who attend the courthouse in person will be directed to a location in the courthouse where they can phone in to the courtroom.  They will be asked to send a image of their identification to private counsel or duty counsel as applicable, for vetting purposes.   If sureties are required to testify then same is done by audio

Courtroom call in numbers may change for tomorrow.  In that event new call in numbers will be provided later today.

There have been and will be issues with special or longer contested bail hearings.  Attempts are being made to make the hearing more efficient, relying more on paper than witnesses and to maximize efficiency through scheduling with Central East Corrections.  These are ongoing efforts and a continuous work in progress. Currently longer contested matters are normally being set for the afternoon. 

Direction is needed concerning the screening process exercised by front door security to those who wish to enter the building. There is a need to clarify questions being asked by security of individuals prior to their entry concerning illness and reason for entry.  For those individuals claiming "urgency ", that particular issue can only be addressed by a judicial officer.   

Media are entitled to access to court hearings.  However such access is limited to audio and they can call in.

I am discussing the implementation of a process for electronic bail variations later this morning with stakeholders and hope to provide an update later this week.

Sincerely Norman Panzica York Director,  Criminal Lawyers Association 

March 28, 2020 

Good afternoon: 

I am writing on behalf of Chief Justice Maisonneuve. 

This communication is to advise that effective March 28, 2020 the Ontario Court of Justice is limiting access to courthouses. People should not attend Ontario Court of Justice courthouses unless they fall in one of the exceptions outlined in the attached notice. 

This decision is part of the collective efforts to curb the spread of the COVID-19 virus and to protect the health and safety of court users, justice system participants and members of the public.

The attached notices provide more details about remote attendance by counsel and/or litigants (including in-custody accused), how to deal with requests for access to court proceedings and how to file court documents for urgent matters by email. 

Also attached is a document containing contact information for Trial Coordinator’s Offices (link removed). Counsel who receive requests from persons with an interest in a particular proceeding and are asking to attend or participate in the proceeding remotely should contact the appropriate Trial Coordinator’s Office. This list of Trial Coordinator’s Offices email addresses is not for public distribution or posting. Access the list on the Members Only page.

Thank you, Matt McGavock for OCJ Communications Officer

The attached letter from Chief Justice Morawetz is hot off the presses:  “the scope of events that may be heard remotely by the Superior Court of Justice will expand, effective April 6, 2020”.

There were issues yesterday morning with connecting by both audio and video causing a backlog and delays. The connection issues were sorted out and matters proceeded relatively smoothly afterwards.  Interpreters have been attending court in person but are able to call in.  There are issues reaching contested bail matters currently given both the limited video and audio capabilities between the Court and Central East Corrections, and also the inability to traverse in-custody matters between courtrooms.

There has also been some issues getting the correct informations into the proper courtroom causing some confusion and delays.  Efforts are being made to redesign  and improve courtroom custody lists and ensure matters are remanded to the correct courtroom on future dates.

It is hoped and anticipated that the Newmarket courts will implement an entirely virtual court process starting Monday.  Meetings are ongoing with all stakeholders including Central East Corrections.  The office of the trial coordinator will be switching phone lines to prepare for the new remote system. As a result phone lines currently being used may change.  Patience is requested given the tremendous pace of implementation of this new court protocol. 

Contested bail matters are still conducted by video and scheduled 24 hours in advance.  Sureties may be able to call in.  Guilty pleas are also to be booked 24 hours in advance as those accused need to appear by video which is centrally scheduled with Central East Corrections.  

Sincerely

Norman Panzica

York Director,  Criminal Lawyers Association

Your FOLA Legal Aid Committee has been actively engaged in teleconferences and discussions directly with Legal Aid Ontario and other stakeholders and we are pleased to share the attached letter to the Bar from David Field, LAO President and CEO.

Our efforts will continue to support counsel and any suggestions or comments are welcome and can be sent to me terrylbrandon@sympatico.ca.

Terry Brandon, FOLA Legal Aid Chair