In response to the COVID-19 outbreak, Legal Aid Ontario, is immediately suspending all in-person advice at our Family Law Information Centres (FLIC) and our Family Law Service Centre (FLSC), effective March 16, 2020In response to the COVID-19 outbreak, Legal Aid Ontario, is immediately suspending all in-person advice at our Family Law Information Centres (FLIC) and our Family Law Service Centre (FLSC), effective March 16, 2020. Also effective March 17, 2020, the Ontario Superior Court of Justice will only be hearing matters that are deemed urgent in nature.  Protocols will be established to have matters filed electronically at the courthouse and hearings to take place by either video or teleconference depending on local availability.   In response to these changes, clients will be given an opportunity to access family advice counsel services over the telephone in the Central East District via our new toll free line 1-888-616-0119 ext. 18 and in the alternative will also be directed to contact the Client Service Centre (Summary Legal Advice – Family) at 1-800-668-8258.   Should you have any questions, please do not hesitate to reach out to me via e-mail at banerjl@lao.on.ca.  Thank you,  Lisa Banerjee-Wood, Director General, Central East District, 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

Due to the urgent public health crisis caused by Covid-19, we will be operating on a electronic basis and will not have access to fax until further notice.

Any inquiries or scheduling requisition forms may be electronically sent to Newmarket.SCJ.TC@ontario.ca

 All Criminal, Family and Civil matters scheduled to be heard on or after Tuesday, March 17, 2020 are adjourned until further notice, please do not attend the courthouse.

 The court will continue to hear emergency matters during this period.

 We apologize for any inconvenience that this may have caused, thank you.

 

-Newmarket Trial Coordinator’s Office-

 

Dear Members;

During these coming days as we deal with Covid-19 and its impact on our daily lives and business operations, I write this message in an effort to ensure the members of our Association have access to the latest details of the York Region Law Association’s efforts to address our member’s public health and safety concerns.

I’m sure, by now, all our members have been advised of the Superior Court of Justice and the Ontario Court of Justice operations advisories. To recap:

• The Superior Court of Ontario, effective as of March 17, 2020, is suspending all matters currently before the court until further notice. Only URGENT public health & safety, civil, family and criminal matters will be heard.
• Full and updated details can be found at https://ontariocourts.ca/scj/ and we have placed a link to the courts directions on the BLOG section of our webpage at www.yorklaw.ca;
• The Ontario Court of Justice announced on March 15, 2020, that all out of custody matters currently in the case management process will be adjourned 10 weeks without the need for the accused person to appear before the Court. This does not appear to effect in custody matters (such as bail hearings) or matters scheduled before the court for purposes other than case management (such as trials). We await clarification on this point.
• Full and updated details can be found at https://ontariocourts.ca/ocj/general-public/covid-19-pandemic-planning-for-the-scheduling-of-matters-in-the-ontario-court-of-justice/  and we have placed a link to the courts directions on the BLOG section of our webpage at www.yorklaw.ca;

In keeping with steps taken by the Government of Canada, the Province of Ontario and the Regional Municipality of York, and, in support of the public health recommendations designed to reduce the spread of Covid-19, the York Region Law Association is announcing:

• All CPD programs and other social functions, if any, scheduled to take place in the lawyer’s Lounge are hereby suspended until further notice. The Family Law Summit, scheduled to broadcast by way of webcast, will still take place and we are not taking any further registrations at this time;
• The Spring Family Law Lunch, tentatively scheduled for early May, has been suspended pending clearances and availability of an appropriate venue;
• The Association’s Annual General Meeting, tentatively scheduled for early May has been suspended pending clearances and availability of an appropriate venue;
• Effective immediately, the library will be UNSTAFFED UNTIL FURTHER NOTICE. Betty and Janet will be accepting research and reference assignments remotely to continue to assist with members needs. While our main phone line will remain open and will be routinely monitored, our preference will be that they can be reached at bdykstra@yorklaw.ca and jmarchment@yorklaw.ca respectively. Please remember that their ability to assist will be hampered due to the remote aspect as well as their continued work on other Association assignments. I ask, therefore, that you expect and make accommodations for reduced response times with research requests.

Unfortunately, there are still many questions yet to be answered. For instance, I cannot comment authoritatively on whether these measures being implemented will remain in force at the time of or have an impact on the upcoming May Trial Sittings, currently scheduled to begin on May 18, 2020. We still await further details in this regard. Similarly, given the dynamic nature of this virus and the responses to it, the current restrictions are subject to change without notice.

We endeavour to do our best to bring the latest updates to our members as they happen. To that end, I have been asked, should members have any questions that remain unanswered through the resources above, that they forward them to this email address (president@yorklaw.ca) so that they may be passed on for further clarification.

I invite all our members to take this viral pandemic seriously and embrace, for their own good health and the health of others, the recommendations being made. Be careful and be safe.

Sincerely,

Adam C. White, B.A., LL.B.

President, York Region Law Association