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.

This week the Criminal Lawyers’ Association (CLA) has mobilized our 1500 members who volunteered in a massive show of support for the justice system and the public.

We have placed Counsel in every Court in the Province to assist during this pandemic. These counsel have worked tirelessly to secure the release of hundreds of persons who might otherwise have been at high risk of infection while incarcerated. We continue to be concerned for the 7000 incarcerated persons in Ontario.  Two thirds of these incarcerated people are presumed innocent and awaiting trial.

Legal Aid Ontario has acted in an exemplary way on behalf of the public and their staff. The frontline Duty Counsel have gone face-to-face with the dangers of the emerging COVID-19 pandemic. The CLA is proud to have served alongside Legal Aid Ontario’s fearless Duty Counsel.

Our Crown Attorneys, Court Reporters, Clerks, Court Officers and staff have fought back personal concerns and done their jobs admirably and with compassion. We are concerned for the safety and health of all justice system participants. We are of the view all justice system workers and participants in the Ontario Court of Justice are at risk of contracting and spreading COVID-19 by appearing in person.  We can no longer assume this risk.

So with regret, and in order to protect our members and the public:

The Criminal Lawyers’ Association has determined that we must have our volunteers leave all Courthouses after Friday, March 20th at 12 Noon.

We will all be available to work remotely and put ourselves at the disposal of the Chief Justice, Regional Senior Justices, Local Administrative Justices, Legal Aid Ontario and on behalf of the clients to act. We are here to serve the justice system but we can no longer do so while putting our health and the health of our loved ones at risk. We all must work to flatten the curve and give our Health Care system a fighting chance. Our off site embedded volunteers will continue.

We anticipate the Ontario Court of Justice will implement systems to allow us all to work remotely so we can safely work together while we battle COVID-19.

Yours very truly,

John Struthers

Please note:  The situation is dynamic and rapidly changing. Information is provided to assist in disseminating to as many as possible as soon as possible. We will continue to post as information becomes available.

Just FYI - Here is the summary of today's conference:

The setting of trial dates is admittedly not consistent across the province. This issue is being discussed hourly and positions may change anytime today or soon. Currently if accused is in custody, the recommendation is to adjourn to April 3/20 to set trial date as they expect to have a better sense of the lay of the land then. However if accused in custody and all ready to proceed then dates can be set with TC if desired by counsel/accused.

For in custody upcoming trials the RSJ is suggesting LAJs assist by having parties contacted to consider JPTs to attempt resolution. Crowns also urged to consider resources and priority of those prosecution and adjust positions.

Bail variations should not be an issue. The printed forms can be filled out and signed and then left with the admin office. Both crowns are making more resources available for quick review of requests (in particular the Provincial crowns) and the judiciary is available to sign when requests brought to them. Once signed they are returned to the admin office.

With respect to bails the intention is to attempt to increase number of bails done by video and audio. The police are starting audio bails from the police station by calling into court from the divisions. Every courtroom equipped for audio bails.

Also crown will contact police to push to maximize form 11.1 releases wherever possible. Judges complained about property offenders being show caused.

Traversals out of bail court should be and are being done in thoughtful integrated manner. Crown is to prioritize bail/custody matters between counsel and DC. The goal is know what is going on with each file. Then the TC is engaged to know where each file is being sent to.

There is a concern to enforce social distancing. Signage is expected. Judges want courthouse policies to be put into place.

York Region Children’s Aid Society has reduced employees in the actual offices to those who are responsible for core administrative functions only. This does not include our Legal Administrative Assistants or lawyers, so we ask that service of any documents be by email as we will not necessarily be receiving documents sent by fax.

In the circumstance we obviously consent to service of documents by email in accordance with the Rules. We ask that counsel for our clients and youth also consent to service by email as well.

Unless we advise to the contrary on any particular file, the Society consents to the late filing of any non-urgent court materials until further notice from the Court, and asks for reciprocity in that regard.

We recognize that counsel may have difficulty meeting with clients to have documents completed and signed and will, unless otherwise advised, consent to late service or extending the time for service, as may be required.

As we will be working remotely, it may be that documents are signed electronically, rather than personally, for the time being.

Thanks for your anticipated cooperation and we hope everyone stays well.

Chris Rous, on behalf of Alison Moonsie-Mohan, Director of Legal Services

I was speaking to the Local administrative judge in Bradford. I've been told that their goal is to have as few people attend as possible. Cases where nobody attends will be adjourned for exactly ten weeks. They following was not apparent to me (maybe it was just me) from the OCJ website, but was clarified by the LAJ today.

Court will be open. If counsel has out of Custody matters where they believe it is truly exigent that something besides the ten week adjournment take place, they will be able to make that argument to the presiding judge. Examples of this I was given were pleas involving stream A eligibility, or matters where an individual's job or ability to see their family truly hangs in the balance.

Ultimately, it is expected that counsel will use their good judgement about what is an exigent circumstance. Counsel has been encouraged to reach out to the Crown they are dealing with to sort out these issues as much as possible prior to attending court. 

I will update everyone if the situation changes. 

Dan Mideo, Criminal Committee Chair

In addition to the details Adam White circulated, I have been advised that the Ontario Court of Justice Trial Co-ordinator's office in Newmarket will be contacting counsel with upcoming pre-trials to give them the option of conducting them by telephone.  

Obviously this is an unfolding situation and subject to change. If I receive any further Newmarket specific information, I will pass it along. 

Thank you,

Dan Mideo, Criminal Committee Chair