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Memorandum- All stakeholders of the Ontario court of Justice in Timmins

Memorandum- All stakeholders of the Ontario court of Justice in Timmins

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RE: Timmins Courts

I wish to thank each and everyone of you for your patience and understanding during these difficult times. Much like the weather today, calm will come after the storm and we shall get through this.

As of Monday, March 23, 2020, we will be running virtual courtrooms so that everyone can call in for their matters.

Here is how we intend to proceed but please keep in mind that this may change as things evolve very quickly.

We will have a judge addressing all criminal matters starting at 9:30 AM in courtroom number one and that will include trial matters, first appearance matters, bail matters and case management matters including all in custody matters. This will be a form of triage court for all criminal matters. I have secured the use of a video suite at Monteith jail from 9:30 AM to 11 AM to address all in custody matters. Overnight arrests should appear remotely at 9:30 from the detachment and they will be addressed in the triage court; police agencies can call in to the number below at 9:30 AM and we will deal with those matters as well.

From that triage court, bail matters will be adjourned to the Justice of the Peace to a date and time agreeable to all Including Monteith who will have the accused appear by video; before setting the date and time for the bail hearing, we will have to ensure that Monteith has a video suite available. There will be a second dedicated teleconference line for a bail matters as indicated below. If the matter is not ready for bail, it will be adjourned to a further triage court.

If there are in custody pleas, they will be set the same way as bail hearings above. Please note that the Chief Justice has issued a directive this morning that reads in part as follows:

“Taking into account the various factors at work, I have decided that, subject to further notice, the criminal and family directives released on March 15, 2020 will be extended to May 29, 2020.

In addition, all criminal trials and preliminary hearings between Friday, March 20 and Friday, May 29 are suspended, subject to a judge seized with a continuing matter ordering otherwise. This applies to both in-custody and out-of-custody accused.

In addition, we are reducing the number of courts in which our judicial officers will preside. As of today, March 20, judiciary will only be scheduled to preside over the following matters:

  • regularly scheduled bail and remand courts, and plea courts for in-custody and urgent out-ofcustody matters;
  • case management court, where a judicial officer will adjourn matters (in the absence of the accused) in accordance with the March 15 directive;
  • urgent and/or essential intake court functions (as per my earlier direction, these are to be held in a courtroom wherever possible);
  • applications under the Health Protection and Promotion Act; and – urgent family proceedings (as described in the family directive issued March 15, 2020).”

The teleconference line to call in for the 930 Triage Court is 1-866-633-0848, ID: 9262443.

For family matters, we will have a virtual court at 2 PM every day to deal with emergency matters or to deal with matters that are set for that day. If you have a family matter already set for a different time on the date in question, we will address that matter at 2 PM. If emergency motions are to be brought, they can be brought for 2 PM every day. Again, the number to call for family matters every day will be 1-866-633-0848, ID: 9262443.

If a matter is set for bail Release or a bail hearing as indicated above, the number to call will be 1-866-633-0848, ID: 3687691.

With respect to satellite courts, all matters will be dealt with in Timmins and matters will presumptively be adjourned to the next court date in that community and this will apply until May 29. To be clear, those dockets will be addressed in the triage court in Timmins at 9:30 AM on the day that we are to be in those satellite courts. What follows are the satellite courts that we currently have scheduled for Timmins between now and May 29 and the presumptive date that the matter will be adjourned to unless the parties agree otherwise:

April 1 – Fort Albany To be Adjourned to Presumptive Date August 5, 2020

April 7 – Moosonee To be Adjourned to Presumptive Date June 9, 2020

April 8 – Moosonee To be Adjourned to Presumptive Date June 10, 2020

April 9 – Moosonee To be Adjourned to Presumptive Date June 11, 2020

April 15 – Attawapiskat To be Adjourned to Presumptive Date June 24, 2020

April 20 – Chapleau To be Adjourned to Presumptive Date June 15, 2020

April 21 – Chapleau To be Adjourned to Presumptive Date June 16, 2020

April 30 – Chapleau To be Adjourned to Presumptive Date June 15, 2020

May 5 – Moosonee To be Adjourned to Presumptive Date June 9, 2020

May 6 – Moosonee To be Adjourned to Presumptive Date June 10, 2020

May 7 – Moosonee To be Adjourned to Presumptive Date June 11, 2020

May 11 – Gogama To be Adjourned to Presumptive Date July 13, 2020

May 13 – Attawapiskat To be Adjourned to Presumptive Date June 17, 2020

May 27 – Fort Albany To be Adjourned to Presumptive Date August 5, 2020

I therefore invite all counsel to call in to address their matters. If no one addresses a matter, a bench warrant with discretion will issue and the matter will be adjourned to the presumptive date.

This process will not be easy but let’s try to make this work for all concerned.

If you have any questions or comments, please email the judicial secretary at diane.hurtubise@ontario.ca and we will endeavour to get back to you as soon as possible.

Yours truly,

Justice Martin Lambert

ML/dh

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