College Park courthouse delays reopening
While most resume hearings, some locations need more safety measures
Courthouses across the province are set to resume some inperson hearings Monday, according to the Ministry of the Attorney General, despite unions representing Crowns and court staff saying safety concerns remain unresolved.
The ministry announced Saturday the reopening of two Guelph courthouses and the College Park courthouse in Toronto would be delayed until more safety measures are in place. Lawyers and court staff at the Ottawa courthouse will be required to wear surgical masks due to “Plexiglas installation deficiencies,” the defence counsel association of Ottawa tweeted Saturday.
“More precautions are required to adequately ensure courthouses are safe,” Paul Cavalluzzo, the lawyer representing the Ontario Crown Attorneys Association, said Friday.
“All associations and unions will be monitoring the situation very closely on Monday if the courts do open.”
The union filed a notice of application June 26 for an injunction to delay the start of in-person hearings, but that remains on hold.
A letter sent to the Attorney General of Ontario by unions representing Crowns, court staff and legal-aid lawyers on Friday lists several concerns, including that the employee booklet was only sent out on Thursday evening.
“Training of employees on the new protocols and procedures intended to ensure health and safety in the courthouses has not been conducted. This must be done before the courts open,” the letter obtained by the Star states.
It also requests the specific protocols for each courthouse, including occupancy limits, information on how to report problems and that new assessments be done of the courthouses since many of the previous assessments were done before the installation of safety measures.
“As you have promised that no courthouse will be re-opened on July 6 unless there are adequate protections instituted to ensure the safety of all persons in the courthouse, we ask who will make this crucial determination and according to what standards,” the letter said.
Remote hearings will continue as courts move toward resuming regular operations. On Monday, a limited number of courtrooms in 41 courthouses are expected to open for in-person hearings including judgealone trials and preliminary hearings. More courtrooms will open in the fall.
No plan has been announced yet for how jury trials will resume. Guidelines from the federal government released Friday suggest considering alternative venues like convention centres or stadiums.
“As far as we know now everything is a go (on Monday), but there is clearly an awful lot of work still ongoing,” said Robert Parsons, the president of the Ontario Association of Senior Crown Attorneys.
Courthouses have been closed since mid-March as COVID-19 spread in Ontario, causing a huge backlog of cases.
Parsons said staff at the Ministry of the Attorney General have been working extremely hard to get courthouses and courtrooms ready, but they’ve been seized with “go fever, the inability to look around and see other, independent signs that might otherwise cause what are otherwise very hard-working, rational, reasonable people to hit a pause button.”
He says it would be far better to delay for a few weeks until any identified issues — like gaps in Plexiglas on a witness stand or concerns about exceptions to the mandatory order for the public to wear masks in courthouses — can be sorted out.
“It’s a public safety issue,” Parsons said. “Let’s get it right.”
It’s possible not all trials set to start Monday will proceed. The Crown is seeking to adjourn at least one trial at the 1000 Finch courthouse in Toronto, according to defence lawyer Daniel Lerner, who was set to start an impaired driving trial at the courthouse Monday.
Inmates who will be required to attend court will be provided masks before leaving an institution for a court appearance, and those must be worn at all times where physical distancing is not possible, according to Kristy Denette, a spokesperson for Ontario’s Ministry of the Solicitor General.
Inmates in intake units or medical isolation units will only attend court by video, Denette said.
Health assessments of inmates will be done before departure and upon return to the institution, she said.
Denette said jails are now allowed to reinstate in-person visits for inmates from family and friends, and where possible, video visits.
“All visits must be pre-scheduled by calling the institution, and all visitors will be required to undergo health screening and to supply and wear masks or face coverings,” said Denette.
“Visits at most institutions will take place through a protective physical barrier, although some institutions such as Toronto South Detention Centre and South West Detention Centre may offer options for video conferencing.”
The visits are 20 minutes long.
What to know before going to court: 1. Masks are mandatory for the public.
2. You will be asked why you are coming to court, and asked whether you have symptoms including fever or a cough. An online screening tool can be done prior to going to court.
3. Do not attend the courthouse if you are experiencing signs or symptoms of COVID-19 or have been advised by a public health official, a physician or the Ontario Ministry of Health website to self-isolate.
4. Witnesses who have questions about an upcoming court date can contact the courthouse they are due to attend.
5. There may be delays entering, so arrive earlier than usual.
6. Cafeterias and, likely, water fountains will not be open.
7. Check the Ontario Court of Justice and Superior Court of Justice websites for the latest updates.