CRIMINAL LAW

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As part of the backlog recovery strategy, the Criminal Law Division is commencing the Virtual Resolution Teams (VRT) initiative starting at the end of November.

PURPOSE

The purpose of the VRT initiative is to help reduce the backlog of cases by creating increased and renewed opportunities for resolution of cases aging in the system. 

SCOPE OF REVIEW

• Each region will have a dedicated team of experienced Crowns targeting a select group of offences that are aging in the system. These offence types include      assault, threats, select ABH and AWW cases, property offences, impaired driving simpliciter and AOJ (breach) offences.
• The teams will be reviewing cases that are 12 months or older that are not already scheduled for resolution.
• These teams may also be assisting offices with their case reviews of matters scheduled in the Judicially-Led Intensive Case Management Courts (JICMC).
• Team members will be reviewing      these files in light of the Updated COVID-19 Recovery Directive. 

STAKEHOLDER ENGAGEMENT

• Team members will be reaching out to IOs/OICs and VWAP (where applicable) to seek updates and      victim input.
• Team members will be reaching      out to defence counsel to discuss possible resolution. It is not necessary for defence counsel to take any steps to get their matter on the VRT case list for review as they will be contacted by a team member. That being said, where counsel has a case that fits the above-noted criteria, counsel can contact the VRT using the email addresses noted below.
• Please note that through the course of the initiative, you may be contacted by a team member who may not be the regularly-scheduled or assigned Crown on a case or one with whom you regularly work in that particular Crown office.
• The regional Virtual Resolution      Teams can be contacted using the following email addresses: 
  • Central East Region:             vrt.centraleast@ontario.ca
  • West Region:                               vrt.west@ontario.ca
  • North Region:                              vrt.north@ontario.ca
  • East Region: vrt.east@ontario.ca
  • Central West Region:      vrt.centralwest@ontario.ca
  • Toronto Region: 
    • North York:                    vrt.1000FinchWToronto@ontario.ca
    • Etobicoke:                      vrt.2201EtobicokeToronto@ontario.ca
    • Scarborough:          vrt.ScarboroughToronto@ontario.ca
    • Old City Hall:                  vrt.OldCityHallToronto@ontario.ca
    • College Park:                 vrt.CollegeParkToronto@ontario.ca

If you have any questions, please contact the Crown Attorney in your local jurisdiction. 

There are new Criminal Appeal Rules for all criminal matters at the Court of Appeal for Ontario and the former Criminal Appeal Rules, SI/93-169, 1993 Canada Gazette, Part II, have been revoked. 

In general, the new Rules will apply to all criminal matters at the Court of Appeal for Ontario whether commenced before or after November 1, 2021. 

The new Criminal Appeal Rules may be reviewed at www.ontariocourts.ca/coa/files/rules-forms/criminal-rules-en.pdf. 

Please note:

1. Due to the circumstances of the COVID-19 pandemic, the provisions of the new Criminal Appeal Rules that are inconsistent with the Consolidated Practice Direction Regarding Proceedings in the Court of Appeal During the COVID-19 Pandemic do not apply unless otherwise ordered by the court or a judge of the court. In particular, Rule 10 (“Manner of      Hearing”) and its associated Form 6 (“Notice of Objection to Proposed      Manner of Hearing”) do not apply unless otherwise ordered by the court or  a judge of the court.
2. The Practice Direction Concerning Criminal Appeals at the Court of Appeal for Ontario is currently under revision. It continues to apply, except to the extent that: (i) it is inconsistent with the new Criminal Appeal Rules; or      (ii) it is varied by the Consolidated Practice Direction Regarding Proceedings in the Court of Appeal During the COVID-19 Pandemic. 

CaseLines Hearings – Tips for Counsel and Self-represented Parties

Notice to the Profession Regarding CaseLines in Criminal Matters (Jan 15)

The SCJ and MAG continue to expand the use of CaseLines, a cloud-based document sharing platform for remote and in-person court proceedings. 

For criminal matters, CaseLines will only be used on matters where there is counsel and access will only be  available to lawyers and their designated staff. Direct access to Caselines will not be available to accused persons, witnesses, etc whether or not they are represented by counsel. Lawyers must not provide CaseLines access to their clients. Lawyers must arrange to share necessary documents with their clients using other appropriate means.  

CASELINES FAQ

Under the leadership of the OBA, FOLA joined with Legal Aid Ontario (LAO), The Advocates’ Society (TAS) in an effort to assist the Court in identifying which matters ought to be prioritized as remote operations continue to be expanded.

Here is a copy of our letter (dated June 23, 2020) to The Honourable Lise Maisonneuve Chief Justice of the OCJ outlining our recommendations.

And here's her response.

Access all OCJ Criminal Notices here

Access all POA Notices here

OCTOBER 2020 UPDATE

 As you may recall, in August 2020, the ministry communicated to stakeholders and municipalities that a Request for Services would be issued to retain an external vendor to review programs that support the delivery of court security and inmate transportation across the province, including the Court Security and Prisoner Transportation (CSPT) Transfer Payment (TP) Program. 

Under the CSPT TP Program, the ministry allocates funding to municipalities to offset costs associated with both court security and prisoner transportation services to and from courts. 

The ministry has now retained an independent consultant, Goss Gilroy Inc. (GGI), with expertise in public safety and security to conduct the review, following a competitive procurement process. In the upcoming weeks, Goss Gilroy Inc. will engage ministry stakeholders – including municipalities, police services and other justice sector partners – to help assess and identify improvements to the court security and inmate transportation process and the design of the CSPT TP Program. 

The review will explore best practices and ways to improve the delivery of services, streamline processes and maximize effectiveness to ensure the continued safety of Ontarians. This continuous improvement effort is part of the  government’s ongoing work to build a more responsive and resilient justice system.  

See the October 2020 Memorandum here.

Aug 2020 Memorandum

The Ministry of the Solicitor General has prepared the attached information to outline the different ways that inmates can access a Temporary Absence Permit (TAP), including the proactive early release reviews that the ministry has initiated.  Recall that LAO has recently introduced as a COVID 19 response a modest increase in certificate coverage to allow lawyers to seek early release remedies at both federal and provincial institutions. 

APPLICATION FORM

INSTITUTION CONTACT NUMBERS

APPLICATION INFO SHEET