Update to Ontario Courts’ Response to COVID-19 (a.k.a. ‘coronavirus’)

The response of Ontario criminal courts to the pandemic has been to cease all non-essential operations and appearances. As discussed below, criminal cases can proceed in two different levels of court: the Ontario Court of Justice (the lower court – also known as “OCJ”) and the Superior Court of Justice (the higher court – also known as the “SCJ”).  This article provides an update as to how criminal cases are proceeding in both levels of court, as well as an important information on bail (pre-trial and pre-sentence release).

Ontario Court of Justice (OCJ)

In the OCJ, the initial response was to delay all scheduled appearances between March 16 and April 3, 2020.  The OCJ has extended this protocol until May 29, 2020.  If you have any appearance scheduled between March 16 and May 29, 2020, it will be rescheduled to a date exactly 10 weeks in the future (with some exceptions below).  On the rescheduled date, the Court will determine when your trial/plea/next appearance will take place.

This will be the case for all non-essential appearances (e.g., a remand, a guilty plea, a trial) unless your lawyer or the Court tells you otherwise OR if your appearance is at one of the courthouses below.  If your matter is in a courthouse at one of the following locations, consult the OCJ webpage at https://www.ontariocourts.ca/ocj/general-public/list-of-adjournment-dates-for-criminal-matters/ to see when your next court date will be:

Atikokan, Barrie, Bracebridge, Blind River, Bradford, Cochrane, Collingwood, Deer Lake, Elliot Lake, Exeter, Huntsville, Ignace, Kapuskasing, Kasabonika, Killaloe, Lac Seul, Leamington, Lindsay, Midland, Mishkeegogamang, Northumberland, Orillia, Parry Sound, Pikangikum, Poplar Hill, Red Lake, Renfrew, Sandy Lake, Walpole Island First Nation, Wapekeka, Weagamow

If your case is not proceeding in any of the above courthouses, it will be rescheduled as follows (unless your lawyer or the Court has told you otherwise):

The only criminal matters the Court will hear before these predetermined dates will be bail hearings, scheduling and guilty pleas for people in custody (jail/prison), and urgent guilty pleas for people out of custody. Many of these proceedings will be conducted over the phone or by video conference.

Ontario Superior Court of Justice (SCJ)

The protocol in the Superior Court remains unchanged. If you have any type of appearance in the Superior Court, it will be rescheduled as follows (unless the Court or your lawyer tells you otherwise):

– March matters will be rescheduled to June 2, 2020, at 10:00AM

– April matters will be rescheduled to June 3, 2020, at 10:00AM

– May matters will be rescheduled to June 4, 2020, at 10:00AM

Bail

A recent court decision instructs that the threat of the novel coronavirus – COVID-19 – is a factor a judge (or justice of the peace) must take into account in deciding whether to release an accused from custody. This consideration should make release from custody more likely for many accused persons. As such, people in custody should inquire with a lawyer if they have not yet had a bail hearing or if they wish to have their detention reviewed by the Court.

If you have any questions, please do not hesitate to call David or Matthew at David Anber’s law office for more information.