Here is today's update from the Courthouse conference call:

Remote In Custody Appearances Protocol 

The new remote in custody protocol is being fully applied as yesterday was first day that every accused person in custody appearing remotely.  While being successful on its first day there are some technological issues that arise, including audio problems. At times persons calling in had difficulty hearing and being heard.  Efforts are being made to improve the the functionality of the equipment used in remote hearings, including adjusting mode of calling in and conferencing in.

Other technical issues include lack of or inconsistent internet and cell service not only in the courthouse but also for some remote participants.   This issue is being considered and will be addressed.

For efficiency of accommodating private counsel in the hearings the suggestion is for email communication with the court clerk.  Counsel is to email and/or be emailed where client name and counsel contact info are received by the court clerk and counsel can then be advised of when and how to call in.  Clearly it is a more efficient use of resources for counsel to call when the court is ready for them, rather than to have counsel call in at random times.  Issues are anticipated with counsel speaking to clients remotely and hopefully such communication between counsel and client can be accomplished prior to the court hearing their particular matter.

There is an effort to make the process entirely paperless, and more efficient by not requiring accused to sign bail documents. 

With respect to contested show cause hearings they can be accommodated remotely and will proceed when all are ready. 

In Custody Trial Dates

In custody trial dates can be set provided that they are set beyond the 10 week protocol dates and when parties are ready to set those dates. 

Electronic Bail Variations

The Local Administrative judge has reviewed documents supporting electronic bail variations and will assigned a Justice to work in conjunction with courthouse staff with the goal of implementing an electronic process for obtaining bail variations. 

Norman Panzica , York Director, Criminal Lawyers Association 

From: JUS-G-MAG-Policy-Correspondence (MAG) [mailto:MAG.PolicyDivision@ontario.ca]

We wanted to let you know that the Lieutenant Governor in Council has issued an order under the Emergency Management and Civil Protection Act that changes how documents are served on the Crown and related entities.

Effective immediately, documents to be served on the Crown and related entities in any civil (non-criminal) proceeding, administrative proceeding or intended proceeding must be served by email, in accordance with the instructions set out on the following website: https://www.attorneygeneral.jus.gov.on.ca/english/courts/guides/Guide_to_Serving_Documents_EN.html#_Toc441141484

This applies to documents served on

• the Crown
• Ministers of the Crown, including the Attorney General of Ontario
• the Children’s Lawyer
• the Public Guardian and Trustee and
• the Director of the Family Responsibility Office.

The Order in Council will also be posted on this website: https://www.ontario.ca/search/orders-in-council  and on e-Laws, as a regulation under the Emergency Management and Civil Protection Act at: https://www.ontario.ca/laws/statute/90e09?search=emergency+management.

Further inquiry can be directed to the following addresses, quoting the reference # attached to your response/ in the subject line:

E-mail:       attorneygeneral@ontario.ca

Address:   Ministry of the Attorney General, McMurtry-Scott Building, 720 Bay Street, 11th Floor, Toronto, ON M7A 2S9

There are two Local Administrative Judges assisting this week one remotely and one in person.

Over the weekend a blanket order was made limiting all in custody appearances from Central East Corrections to remote appearances only. For Newmarket matters all persons in custody from Central East Corrections will appear remotely. Other secure custody sites may follow same rule. Judges may order that an accused be physically brought to court in particular cases if appropriate.

There is a draft in custody appearance procedure being reviewed and vetted which sets out times, contact phone numbers, etc for conducting remote appearances..The goal is to release the protocol to the CLA shortly to ensure the private bar can be fully involved and integrated into this new process.

Duty counsel and crown ran wash court on the weekend entirely remotely with no issues. Duty counsel have 2 lawyers present remotely and 2 per diem on standby for remote assistance if needed.

Challenges exist concerning contested bail hearings remotely. While the past weekend Wash court involved entirely consent releases, there is a need to appropriately conduct contested show cause hearings remotely, including special bails. Efforts are underway to address the mechanics of same and hopefully will be addressed shortly.

This is the first day of entirely remote appearances. This is a constant work in progress.

Norman Panzica , York Director, Criminal Lawyers Association 

Effective as of end of day on Friday, March 20, 2020, LAO has stopped all in-person staff and per diem services in the courthouses across the province until further notice.  They will be using their normal system of staff and per diems for all services done remotely.  Certificates will still be available in the normal course.  Also, LAO recently announced that  it will be temporarily re-instating the bail block to the private bar with certificates in order to respond to demand as a result of COVID-19. Details to follow. Panel lawyers should know that they can do bails (on certificates) and be paid per the former rules.

LAO also announced that, in order to ensure that those in remand are getting fair treatment and timely access to justice, LAO will no longer assess merit prior to granting bail review authorizations.

Further, LAO is exploring billing and administrative changes to support the private bar and their legally aided clients during this crisis period.

FOLA will endeavour to keep you updated and you are also encouraged to visit their website frequently for more information. 

And finally, attached is a regional contact list for LAO staff. This list may be published and/or distributed to permit members of the private bar to reach LAO staff to facilitate bail matters on Monday. This list should not be considered the final word on the topic. It will be updated on a periodic basis. Updated lists will be distributed as they become available.

March 20, 2020

Good morning:

I am writing on behalf of Chief Justice Maisonneuve.

This communication is to advise of changes that the Ontario Court of Justice (OCJ) is immediately implementing to its ongoing critical operations as a result of COVID-19.

All family trials, criminal trials and preliminary inquiries between Friday March 20, 2020 and Friday May 29, 2020 are suspended, subject to a judge seized with a continuing matter ordering otherwise.  This applies to both in-custody and out-of-custody accused.

Although criminal and family courts remain open for urgent matters, consistent with public health advice, all steps are being taken to reduce in person appearances and to implement social distancing for matters that must proceed. Unless an urgent criminal or family court appearance is required in the Ontario Court of Justice between Friday March 20, 2020 and Friday May 29, 2020 the court is urging individuals not to attend court.

The Ministry of the Attorney General is working with the Court and other key justice stakeholders to implement significant audio and video technology capacity to further minimize in person contact for urgent matters that are proceeding.

The attached public notice provides more important on the matters that will continue to proceed in the OCJ. This notice has been posted to the court’s website (https://www.ontariocourts.ca/ocj/). We invite you to share it with members of your organization and with other organizations as broadly as you wish.

James Schneider for OCJ Communications Officer

Regional Senior Justice Rosenberg updated the implementation of courtroom closures, limiting to 4 courtrooms today, to mimimize presence of staff, judicial officers and others. Efforts continue to maximize use of audio appearances for in custody matters and to move in person, in custody matters out of the building quickly. This is still a day to day adjusting operation and the goal remains to limit persons physically in the courthouse. This is a fluid situation changing rapidly and the goal being to get through today and each as best as possible

Duty counsel have been instructed not to personally attend the courthouse today and beyond until further notice. Duty counsel are available by email or phone but are awaiting direction as to mechanics of assistance with court operations. Further direction is anticipated over the weekend.

The Criminal Lawyers Association has arranged for lawyer members to attend in person to assist to the extent possible and within their personal discretion today.

All are advised to maintain physical distancing and to address anyone not complying and report same.

The Provincial crown is considering refusing to bring forward impaired driving cases for Stream A resolution as they view such requests as not urgent. There is resistance to this position given the lack of a legislative fix and at this point is only a consideration.

More updates anticipated over the weekend and to be addressed on a Monday morning conference call.

Sincerely

Norman Panzica

York Director, Criminal Lawyers Association

Dear Stakeholder,

The safety of our staff, clients, and stakeholders is our first priority. As we are currently unable to guarantee a safe workplace for our courthouse staff, LAO has determined that it will be asking staff and per-diems not to attend physical courthouses until further notice, effective end-of-day today.

We are hopeful to resume in-person services soon and are working closely with MAG in order to determine when we would be prepared to return to physical courthouses. 

Continuation of client services

We are dedicated more than ever to continuing to provide high-quality services to legal aid clients and we are instituting interim solutions in our district to continue offering services.

Clients can call 1-800-668-8258 if they have questions about what legal aid services are available to them. More information is available on our website.

I will continue to provide you with updates on client services as we put more measures in place. In the meantime, please reach out to me if you have any questions about accessing client services. On behalf of all staff at Legal Aid Ontario, I appreciate your understanding during these difficult times.

Sincerely,

Lisa Banerjee-Wood

Director General

Central East

Legal Aid Ontario

Ontario Protecting Critical Front-Line Justice Services in Response to COVID-19

Click here for the PDF version.

Courthouse traffic is diminishing as efforts made to close courtrooms, reduce staff and move matters as quickly as possible.

Concerning in custody and bail matters efforts in process to have in custody first appearances by audio from the police divisions. Still a work in progress. RSJ and RSJP to discuss today protocol for new arrests from divisions. The focus is on those in the courthouse first but audio fortunately minimally impacts resources and reduces courthouse traffic and are therefore a preferred approach.

Sureties are still required to attend courthouse in person to sign paperwork and participate in showncause hearings irrespective of whether accused appearing by video, audio or in person.

To improve efficiency and move people out of courthouse LAJ regularly monitors the cells to adjust resources, close courts and reduce on site staff as day progresses. Fingerprints continue not be taken prior to May 25/20 and no FTA warrants will be issued. I again raised the preference that a formal police directive or policy be made public to give lawyers cover in advising clients and for the benefit of those without counsel. Nothing yet.

Judicial officers still available to sign criminal code and CDSA warrants and increasing use of telewarrants. Issue with DNA warrants being signed if deemed not urgent.

Still working on enforcing social distancing.

CLA Rep at Newmarket today March 19/20 is Jessica Sickinger.

CLA Rep at Newmarket tomorrow March 20/20 is Debra Snider.