R. v. THERIAULT – If you’re wondering how this could happen.

Yes, it’s long. It took Justice DiLuca 4 hours to read. It’s a process of finding the facts. Determining what you believe and don’t believe of each witness’s testimony. Then determining the relevant law and applying it to the facts. Finally applying the high standard of proof beyond a reasonable doubt. You may not like the final outcome but in the end, criminal law is a process that doesn’t bend to social pressure.

https://www.canlii.org/en/on/onsc/doc/2020/2020onsc3317/2020onsc3317.html?resultIndex=3

 

MY SUGGESTIONS FOR THE RE-OPENING OF THE CRIMINAL COURTS

1. Arrested persons should be given a first appearance date of approximately 1 month to give a reasonable time to retain counsel.
 
2. First appearance calendars should be divided into time slots, of say 15 minutes apart.
 
3. Police divisions can be given specific time periods on certain days of the week for first appearances. Example: 9:00 to 11:00, 11:00 to 1:00 and 2:30 to 4:00. Each division could give 3 or 4 accused’s an appearance notice for each time slot.
 
4. If, before the first appearance, counsel is retained and advises the Crown and the Trial Co-ordinator by email, it will be deemed that the accused has attorned to the jurisdiction of the Court through counsel and that the accused consents to an administrative adjournment. The Trial Coordinator will place the matter on an administrative adjournment list for the first appearance date. The matter will be adjourned administratively for approximately 3 months hence and placed on the administrative adjournment list for the adjourned date.
 
5. The Crown will provide disclosure to counsel as available.
 
6. Persons who have not retained counsel will need to appear in person at the assigned time slot. Upon attendance, they will be provided with disclosure. Three or four duty counsel, as required, will be set up, each to give advice to one accused person. This would allow approximately 15 minutes for consultation.
 
7. During the following 15 minute period, those accused will appear one at a time, in court in person before the Judge/JP to be remanded, as usual, according to each need.
 
8. The single in-court Crown can address the administrative remand list, if not done out of court electronically, in between speaking to in-person matters.
 
9. The goal will be to move as many people as possible from the in-court remand list to the administrative remand list.
 
10. When the matter is ready, counsel and Crown will request the matter brought forward for a remote JPT. Preferably the JPT will be a video conference.
 
11. Guilty pleas, if possible, will be conducted remotely, as are bail hearings. Guilty pleas which will result in incarceration will either have to take place in person or a method developed to order a convict to report to a facility at a certain time.