DEPOPULATING OUR JAILS

An empty courtroom at 361 University Avenue in Toronto. There isn’t a body of case law to help judges navigate COVID-19, said Daniel Brown, vice-president of the Criminal Lawyers’ Association.

“The virus starts in one person but then can run like wildfire through an entire population. It can then be carried outside of the institution by the staff. That is the nature of a pandemic and of contagion. It can take hold at any time.” However, some Judges are refusing to acknowledge this and require proof of a personal underlying medical condition of age or health before they will consider the effect of COVID-19 on the jail population. J. Harris in Brampton said “Leaving that man in jail would put him in “one of the most dangerous places imaginable” during the pandemic.”

https://www.thestar.com/news/gta/2020/04/09/covid-19-is-revealing-a-momentous-divide-among-ontario-judges-on-whether-to-release-more-accused-people-on-bail.html

 

NEWMARKET COURT CLOSURE UPDATE: April 6, 2020

Newmarket:
 
Same Day Traversals
 
There is an effort to accommodate same day traversals requests where same is possible. All such requests must go through the trial coordinator who will then contact Central East Corrections to attempt to facilitate the traversal. The preference remains that the matter be adjourned 1 day where possible.
 
Bail Hearings and Scheduling
 
All bail hearings whether consent releases or contested matters must be scheduled through the trial coordinator in advance. Counsel are being asked to provide accurate time estimates similar to setting trial dates.
 
Counsel are also asked to provide Duty Counsel with clear and detailed instructions when adjourning matters. The are to provide accurate time estimates, including the number of witnesses anticipated and whether an interpreter is required, when adjourning in custody matters to the next date. The time slots from Central East Corrections are set Region wide and are valuable. Wasted or lost time resulting from insufficient information and preparation has a direct negative impact on those persons in custody.
 
Surety Approvals
 
A position on surety approval has come from the office of the Chief Justice of Ontario Court of Justice. It is their view that surety signatures are not required on bail and release documents. However a requirement for surety signatures will be left up to individual jurists, who shall then notify the court clerk if they are insisting on signatures.
 
Sureties continue to attend personally at the courthouse where they remain outside or in the foyer as directed by York Regional Police. The sureties complete and sign the required forms and release documents from that location in addition to calling into the courtroom.
 
Temporary Court Locations
 
Criminal court matters are being conducted at the Richmond Hill Small Claims Court, 855 Major Mackenzie, Richmond Hill. All civil and family matters at the Markham filing office, 8500 Leslie Street in Markham.
 
Access to Court Informations
 
As advised there is no access to Informations currently housed at the 50 Eagle Street Courthouse. As a result judicial officers are working from dockets and getting assistance from scope notes and documents. Paperwork is emailed to jurists for digital signature and then returned. Existing court Informations will be updated when building access is permitted.

NEWMARKET COURTHOUSE CLOSURE – April 3, 2020

The Newmarket Courthouse is closed today. The Newmarket Courthouse has been closed today to address cleaning and air quality concerns. The courthouse will remain closed until an enhanced cleaning can be completed.
On April 2nd, 2020, the ministry was advised that an individual, who works in the courthouse and last worked on March 31, 2020, began to feel ill at work. The individual has not returned since and was advised by Public Health to self-isolate.
Although the Newmarket courthouse receives enhanced cleaning on a regular basis, the courthouse is closed to permit a thorough cleaning to be completed. The courthouse will remain closed until confirmation of both appropriate cleaning and air quality is provided. The Ministry is being asked to assist in this verification.
Signs are posted on the building with alternative court locations and contact email information. Court services available by email.
As usual, and particularly today, patience from all is requested. There were incredible and significant efforts employed overnight to shift facilities and resources to permit a functioning and available court process for today.

COURTS SHUT DOWN AND TRY TO ADAPT. A TSUNAMI OF CASES IS COMING.

“Courts across the country have reduced their services to hearings on urgent and emergency matters. Nothing’s really normal right now. many fear that the bottleneck being created by pandemic-driven postponements and cancellations will have a cascade effect on an already overburdened system, leaving lawyers and judges with an unworkable quagmire once courthouses themselves return to full service.”

https://www.cbc.ca/news/politics/stefanovich-covid19-exposes-court-shortcomings-1.5502077