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CRIMINAL LAW
VIRTUAL RESOLUTION TEAMS (VRT)
VIRTUAL RESOLUTION TEAMS (VRT)
VIRTUAL RESOLUTION TEAMS (VRT)
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.
GLADUE REPORTS
VIRTUAL RESOLUTION TEAMS (VRT)
VIRTUAL RESOLUTION TEAMS (VRT)
For 50 years, the Ontario Native Women's Association (ONWA) has been providing supports and services to Indigenous women and girls province wide, with programming ranging from justice, to anti-human trafficking, to crisis support, to cultural and wellness, to healthy babies, and much, much more.
The ONWA has been writing Gladue Reports at the finding or pleading of guilt for Indigenous women and girls in the Hamilton/Brantford and Ottawa/Napanee areas since 2018. As of November 1, 2021, the ONWA now offer Gladue Bail Letters for Indigenous accused women and girls at the Brantford and Ottawa courthouses as a pilot project, with intentions to expand it to other delivery sites in the future. Please note that the bail program, as a pilot project at this time, is only able to operate within a Monday – Friday 9am – 5pm time frame.
Please view their informational video for more on their bail program.
Please explore the ONWA website for more information. You can download a Gladue request form here.
If you have questions, please do not hesitate to contact Veronica via email vguido@onwa.ca or phone 905-715-4090.
NEW CRIMINAL RULES - COA
VIRTUAL RESOLUTION TEAMS (VRT)
NEW CRIMINAL RULES - COA
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:
- 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.
- 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
COVID-19: NEW PROCEDURES FOR CRIMINAL MATTERS IN THE OCJ
NEW CRIMINAL RULES - COA
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.
COVID-19: NEW PROCEDURES FOR CRIMINAL MATTERS IN THE OCJ
COVID-19: NEW PROCEDURES FOR CRIMINAL MATTERS IN THE OCJ
COVID-19: NEW PROCEDURES FOR CRIMINAL MATTERS IN THE OCJ
OLDER
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.
CRIMINAL CHARGES - eINTAKE PLATFORM
COVID-19: NEW PROCEDURES FOR CRIMINAL MATTERS IN THE OCJ
COVID-19: NEW PROCEDURES FOR CRIMINAL MATTERS IN THE OCJ
The Ontario government, in collaboration with the Ontario Court of Justice and policing partners, is launching a new eIntake digital platform that will accelerate and simplify the way criminal charges are filed and managed.
This new initiative will allow police officers to digitally file criminal charges to the court as an alternative to the current requirement of appearing before a Justice of the Peace. The eIntake platform will also allow Justices of the Peace to enter their decisions and sign documents digitally and request additional information from police online.
COURT SECURITY AND PRISONER TRANSPORTATION
COURT SECURITY AND PRISONER TRANSPORTATION
COURT SECURITY AND PRISONER TRANSPORTATION
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.
LEGAL COUNSEL 3-WAY CALL DETECT ACCEPTANCE
COURT SECURITY AND PRISONER TRANSPORTATION
COURT SECURITY AND PRISONER TRANSPORTATION
The Ministry of the Solicitor General has worked with its vendor to enhance the current Offender Management Telephone System (OTMS) to allow inmates to access both collect calls and “debit” calling.
Whereas the old system only allowed for collect calling (which does not allow for calls to cell phones), under the enhanced system, debit calling is enabled and funded by the ministry. Debit calling allows for calls to cell phones.
The ministry will begin by providing inmates with $20 of calls and will monitor to determine whether this is adequate. Inmates will be able to use their funds as they see fit. This funding will allow for:
- 50 local calls (no maximum length, however, the ministry’s policy currently limits phone calls at 20 minutes);
- A 52-minute long-distance call; or
- A combination of the above.
The phone system currently allows for organizations to register with the ministry to by-pass security features, such as three-way calling, call transfers and the use of the keypad. This exemption is provided for the purpose of facilitating the transfer of offender calls from a receptionist or automated telephone attendant system to the intended call recipient.
To enable this feature, the ministry requires this form to be filled out and mailed to: MCS.TCS.OTMS@ontario.ca
APPLYING FOR TAP FOR PROVINCIAL INMATES
COURT SECURITY AND PRISONER TRANSPORTATION
APPLYING FOR TAP FOR PROVINCIAL INMATES
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.
FEDERAL ISSUES
C-28: AN ACT TO AMEND THE CRIMINAL CODE (self-induced extreme intoxication)
BILL C-5, AMENDING THE CRIMINAL CODE AND THE CONTROLLED DRUGS AND SUBSTANCES ACT
BILL C-5, AMENDING THE CRIMINAL CODE AND THE CONTROLLED DRUGS AND SUBSTANCES ACT
On June 23, 2022, Bill C-28 received royal Assent. Bill C-28 is a bill to amend the Criminal Code to respond to the Supreme Court of Canada (SCC) May 13, 2022 decisions on the defence of extreme intoxication (R v. Brown and R v. Sullivan and Chan). The SCC ruled that the section of the Criminal Code that prevented the use of the extreme intoxication defence for most crimes of violence was unconstitutional.
BILL C-5, AMENDING THE CRIMINAL CODE AND THE CONTROLLED DRUGS AND SUBSTANCES ACT
BILL C-5, AMENDING THE CRIMINAL CODE AND THE CONTROLLED DRUGS AND SUBSTANCES ACT
BILL C-5, AMENDING THE CRIMINAL CODE AND THE CONTROLLED DRUGS AND SUBSTANCES ACT
Bill C-5, amending the Criminal Code and the Controlled Drugs and Substances Act is currently in the Senate where it has received 2nd Reading.
As a reminder, Bill C-5 aims to amend sentencing laws to increase alternatives to incarceration where appropriate, including for Indigenous peoples as well as Black and marginalized Canadians. The Bill proposes the following specific reforms:
· Repeal mandatory minimum penalties of imprisonment (MMP) for all Controlled Drugs and Substances Act offences and certain firearms and tobacco offences in Criminal Code to address the disproportionate impact on Indigenous and Black offenders, as well as those struggling with substance use and addiction.
This would restore the ability of a judge to impose appropriate sentences that respond to the facts of the case before them, including the individual’s experience with systemic racism and the risk they pose to public safety. This moves away from the one-size-fits-all approach, which has not deterred crime but has resulted in unfair outcomes and a less effective criminal justice system, as well as longer and more complex trials.
· Allow for greater use of conditional sentence orders (CSO) by removing Conservative-imposed restrictions that resulted in the over incarceration of Indigenous peoples, particularly Indigenous women, and Black and marginalized Canadians.
Conditional sentences are available in cases where an offender faces a term of less than two years’ imprisonment and does not pose a threat to public safety. Under these circumstances, judges would have the option to order that the term be served in the community under strict conditions, including house arrest, curfew, and mandatory counselling or treatment for substance abuse. This change would allow for more effective rehabilitation and reintegration by enabling individuals to maintain their employment, or continue caring for children or family members in need. This approach has been proven to reduce the chance of offenders committing further crimes.
· Require police and prosecutors to consider other measures for simple possession of drugs such as diversion to addiction treatment programs, rather than laying charges or prosecuting individuals for simple possession of an illegal drug. The proposed amendments to the Controlled Drugs and Substances Act reinforce the Government’s commitment to treat substance use a health issue, and address the opioid crisis. It also aligns with calls heard from advocates, courts, prominent law enforcement agencies and local leaders across the country.
PROPOSED LEGISLATION - FEDERAL
BILL C-5, AMENDING THE CRIMINAL CODE AND THE CONTROLLED DRUGS AND SUBSTANCES ACT
PROPOSED LEGISLATION - FEDERAL
2021 ELECTION PROMISES
**UPDATE REGARDING C-75**
PROPOSED LEGISLATION - FEDERAL
- Re-introduce An Act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other Acts (COVID-19 response and other measures)to make criminal procedure reforms that adopt virtual means such as the use of virtual remote proceedings and expanded use of the telewarrant process.
- Further support technological modernization of federal courtrooms and tribunals.
- Support provinces and territories in the digitization and modernization of their court systems and facilitate partnerships to develop specialized technological and digital services for court operations that are safe, secure, and lead to greater and fairer access to justice.
BILL C-75
**UPDATE REGARDING C-75**
**UPDATE REGARDING C-75**
On September 19, 2019, Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts, came into force. The resulting amendments to the Criminal Code have altered the landscape for legal advocates in the area of criminal law. Among other changes, the default maximum penalty for summary conviction offences has been raised from six months’ imprisonment to two years less a day. An overview of Bill C-75 can be found here.
FOLA's Concerns with C-75
Nonwithstanding some improvements, FOLA shared the concerns of the Criminal Bar Association and focused our submission on three key areas:
1. Restricting Preliminary Inquiries;
2. Eliminating jury peremptory challenges; and
3. Allowing routine evidence to be admitted by affidavit
FOLA believes that access to justice in the criminal sphere includes access to both procedural fairness and a strong presumption of innocence. While work needs to be done to modernize the system and allow for alternative methods of discovering witnesses and minimizing the adversarial process in certain types of cases, engagement of the practicing bar will be key in ensuring the greatest gains are made in reforming the system.
**UPDATE REGARDING C-75**
**UPDATE REGARDING C-75**
**UPDATE REGARDING C-75**
The Law Society Benchers, at the September 2019 Convocation, passed a motion that to preserve (as closely as possible) the range of services currently provided by regulated agents, in response to the enactment of Bill C-75:
a) with respect to paralegal scope of activities, the following two-stage approach:
i. amending By-Law 4, in principle, to establish a scope for criminal matters
comprised of the following:
1) all offences that were punishable by a maximum penalty of six months’ imprisonment when proceeding by summary conviction at the time that Bill C-75 was enacted; and
2) four offences that had been within agent scope since the onset of regulation but were amended by Bill C-46, and as a result of which were no longer within scope as of December 17, 2018: specifically, sections 320.13(1), 320.16(1), 320.17, 320.18(1) of the Criminal Code; and
ii. continue to review and develop the scope of activities for paralegals in criminal law matters, taking into account education and training standards and competency development in this field before Bill C-75 comes into force.
These were the recommendations as laid out in the Paralegal Standing Committee Report for September 11, 2019 Convocation
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