Practice Directions, Notices, and Guidelines

Bail hearings

Bail hearing procedures are set out in the Ontario Court of Justice Protocol Re Bail Hearings

Applications to vary release orders and police undertakings

Individuals may apply to vary their release conditions by electronic means rather than attending at the courthouse. The Court’s Consent Variation Procedures for Release Orders and Police Undertakings govern consent variations of release conditions.

Individuals who have been released by the Court should use the Application for Consent Variation of Bail Form.

Individuals who have been released by the police should use the Application for Consent Variation of Police Undertaking Form.

Case management court

The procedures for appearing in case management courts are set out in the Court’s Practice Direction: Criminal Case Management Appearances.

Appearances by accused person who are in custody

In accordance with the Court's Practice Direction: Waiver of Personal Attendance and Request for Adjournment/Remand by Accused Person in Custody, accused persons who are in custody may waive their right to appear personally before the Court to request an adjournment, by instructing defence counsel to complete and file the Waiver and Request for Adjournment / Remand in Accused Person’s Absence Form on their behalf.

Appearances by accused persons who are not in custody

Accused persons who are represented by counsel and who have filed an Enhanced Designation of Counsel may have their matters adjourned, without the accused personally appearing, in accordance with the procedure set out in the Practice Direction: Enhanced Designations of Counsel. They may do so using the Sample Enhanced Designation of Counsel Form

The Court’s Practice Direction: Judge-led Intensive Case Management Courts explains the role of judge-led intensive case management courts (JICMCs) and provides links to the connection information for these courts.

Judicial pre-trials are held by videoconference, unless otherwise directed by the presiding judge. In accordance with the Revised Guidelines re Mode of Appearance for Ontario Court of Justice Criminal Proceedings, self-represented accused who lack technology will be accommodated with an in-person judicial pre-trial.

Judicial Criminal Pre-trial Best Practices and Rule 4.2 of the Criminal Rules of the Ontario Court of Justice provide more information about judicial pre-trials.

The Ontario Court of Justice has established a remote procedure for setting dates for preliminary inquiries and trials, using a combination of an online Trial / Preliminary Inquiry Scheduling Form and a trial scheduling conference with the Trial Coordinator’s office. Details of this procedure are found in the Procedure for Scheduling of Criminal Trials and Preliminary Inquiries.

Once dates have been set, the Court’s Practice Direction: Trial Dates directs that the preliminary inquiry or trial proceed on those dates.

If a section 11(b) Charter application is brought for a stay of proceedings based on unreasonable delay, the Court’s Provincial Practice Direction regarding Time Limits for Oral Arguments on s.11(b) Charter Applications in Criminal Proceedings applies.

Certain practice directions apply only to local courts. These are listed below:

• Practice Direction regarding the Integrated Domestic Violence Court at 311 Jarvis Street, Toronto

Many individual courthouses also have protocols that are applicable to that court alone. These protocols cover subjects such as any special arrangements for those appearing in court for the first time, or the process for obtaining a judicial pre-trial.