(November 25, 2021)
The Chief Justice of Ontario and the Associate Chief Justice of Ontario have issued a statement welcoming senior counsel to share opportunities for oral submissions with junior counsel: Statement Regarding Submissions from Counsel.
(November 22, 2021)
In consultation with relevant stakeholders, the Court of Appeal is in the process of reviewing and revising Rule 12 (and its associated Form 8) and Rule 54 of the Criminal Appeal Rules, which relate to accessing lower court documents and exhibits in order to prepare appeal books. While these rules are undergoing review and revision, the Court has released a Practice Direction Regarding Accessing Court Documents and Exhibits from Lower Courts for Purposes of Preparing Appeal Books in Criminal Appeals. This practice direction provides further clarification and guidance on how parties to a criminal appeal gain access to court documents and exhibits from the lower court. The practice direction is effective immediately.
(November 10, 2021)
The Court of Appeal for Ontario has amended its Consolidated COVID-19 Practice Direction in order to revise the standard wording for the surrender condition in release orders pending appeal. For more information, see paras. 130-136 of the Consolidated COVID-19 Practice Direction.
(November 5, 2021)
The Court of Appeal released its decision in Restoule v. Canada (C66455 & C68595). The appeals concern the 1850 Robinson-Huron and Robinson-Superior Treaties. The reasons are available at https://www.ontariocourts.ca/decisions/2021/2021ONCA0779.htm and a public overview is available at https://www.ontariocourts.ca/decisions/2021/2021ONCA0779overview.htm.
(November 1, 2021)
The Court of Appeal for Ontario has amended its Consolidated COVID-19 Practice Direction in order to reflect the coming into force of the new Criminal Appeal Rules.
(October 26, 2021)
Beginning November 8, 2021, the Court of Appeal for Ontario will begin hearing appeals in person.
The Court will begin hearing criminal appeals and panel motions in person on November 8 and will begin hearing civil appeals and panel motions in person on November 15.
Inmate appeals, single-judge motions, purge court, and status court will continue to be heard remotely until further notice.
Parties will have the option of attending in-person appeals and panel motions remotely using a Zoom link, which will be provided to them.
In-person attendance will be limited to counsel and self-represented litigants. Observers, including clients and the public, will be able to observe remotely by Zoom.
For health and safety reasons, the Court had been hearing appeals remotely by Zoom throughout most of the COVID-19 pandemic. Based on public health advice the Court will resume hearing appeals in-person with appropriate health and safety measures in place. The Court continues to receive regular public health advice and will, if advisable, return to hearing appeals remotely.
For more information, please review the Court’s Protocol for In-Person Hearings During the COVID-10 Pandemic at this link and the Court’s Consolidated Practice Direction Regarding Proceedings During the COVID-19 Pandemic at this link.
(October 21, 2021; Revised October 28, 2021)
New Criminal Appeal Rules for all criminal matters at the Court of Appeal for Ontario will come into force on November 1, 2021. On that day, the current Criminal Appeal Rules, SI/93-169, 1993 Canada Gazette, Part II, will be 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 https://www.ontariocourts.ca/coa/files/rules-forms/criminal-rules-en.pdf.
News – Archive