North Bay Courthouse Streamlined Case Management Pilot Project Protocol

Preamble:

The Ontario Court of Justice is committed to being a fair, accessible, innovative Court that delivers impartial and timely justice, and ensures all participants are treated with dignity and can take part meaningfully.

In support of those commitments, the Ontario Court of Justice – North Bay is beginning a Streamlined Case Management Pilot Project beginning on November 4, 2025.

The goal of streamlined case management is to create a more user-friendly and people-focused case management phase, in which administrative steps are conducted outside of the courtroom.

The North Bay Streamlined Case Management Pilot Project will stream self-represented accused matters and represented accused matters to separate dedicated court days. Both streams of accused persons will have access to supports in order to assist them in moving through the case management phase.

Currently, these supports include the Direct Accountability Program, Legal Aid Ontario Duty Counsel, the Elizabeth Fry Society justice navigator, and the Canadian Mental Health Association. These supports are currently available both in person and virtually. Financially eligible clients can attend at the Criminal Law Information Clinic (CLIC) on Thursdays between 9:30 a.m. and 12:00 p.m. at the North Bay Courthouse Legal Aid Office.

Each stream will have its own process and timeline. All justice participants should become familiar with this protocol, including Defence Counsel, who will need to understand the out of court tasks to be completed once retained.

1. Application:

1.1 This pilot project applies to the following matters at the Ontario Court of Justice – North Bay courthouse:

• Out of custody adult accused persons with a first appearance in case management court on or after November 4, 2025.

1.2 This protocol does not currently apply to in-custody matters or youth (YCJA) matters.

1.3 The following accused persons will have their first case management court appearance approximately 6 weeks from the date of their arrest:

• Any accused person held for a bail hearing.
• Any accused person charged with intimate partner violence offences or impaired driving offences.¹

1.4 All other accused persons will have their first appearance approximately 12 weeks from the date of their arrest. By the first appearance date, an initial package of disclosure will be available to each accused person. The initial package of disclosure will enable the parties to engage in substantive discussions about the case.

1.5 All accused persons will continue to receive the Notice to Accused form at the time of release from either the police or bail court. The Notice to Accused includes information on how to apply for Legal Aid, obtain disclosure, and how to appear for court.

2. Streamlined Case Management Process for Represented Accused:

First Appearance:

2.1 Accused persons and counsel may appear remotely or in person on their first appearance and any subsequent appearances unless otherwise ordered by the Presiding Judicial Officer.

2.2 Beginning on November 4, 2025, anyone appearing for their first appearance in the unrepresented stream who has a lawyer at their first appearance, will be adjourned to appear for their second appearance, twelve weeks later into the represented case management court.

2.3 Following the adjournment and before the next court date, counsel are expected to complete required case management tasks, out-of-court. These include providing or receiving/reviewing disclosure, as applicable, meeting with clients or complainants as necessary, conducting a Crown Pre-Trial, conducting a Judicial Pre-Trial (if required), providing trial estimates, completing the Trial Scheduling Form, and obtaining trial or resolution dates from the Trial Coordinator.

Second Appearance:

2.4 The second appearance will be scheduled twelve weeks from the first appearance to allow counsel time to complete the out-of-court tasks described above.

2.5 If all out of court tasks have been completed, the matter will be set for trial, preliminary hearing, or resolution on the date obtained by counsel from the Trial Coordinator in advance of court.

2.6 If all out of court tasks have not been completed, counsel may request an additional adjournment of up to four weeks to complete the required tasks and return in a position to set a date at the next appearance.

Third Appearance:

2.7 At the third appearance counsel should be prepared to confirm the pre-set date for trial, preliminary hearing, or resolution.

2.8 Any matters without a pre-set date for trial, preliminary inquiry, or resolution will be adjourned to a Judicial Set Date Court.

2.9 At the Judicial Set Date Court, parties will be expected to set dates in court on the record in order to comply with the existing Jordan-Compliant Trial Scheduling Practice Direction, which states that parties are expected to be prepared to either resolve the matter or set a trial/preliminary inquiry date, within six months of the Information sworn date.

3. Streamlined Case Management Process for Unrepresented Accused:

First Appearance:

3.1 Accused persons may appear remotely or in person on their first appearance and any subsequent appearances unless otherwise ordered by the Presiding Judicial Officer.

3.2 Beginning on November 4, 2025, anyone appearing for their first appearance in the unrepresented stream in case management court who does not have a lawyer at their first appearance, will be adjourned six weeks and return in the unrepresented persons case management court.

3.3 Unrepresented persons will be instructed to obtain their disclosure from the Crown’s office. They will be instructed to review disclosure, complete Legal Aid applications (if applicable) and retain counsel (if they intend to). They will be expected to move the case forward through next steps during the 6-week adjournment. Currently there are the following supports to assist them: Direct Accountability Program, Legal Aid Ontario Duty Counsel, the Elizabeth Fry Society justice navigator, and the Canadian Mental Health Association. These supports are currently available both in person and virtually. Financially eligible clients can attend at the Criminal Law Information Clinic (CLIC) on Thursdays between 9:30 a.m. and 12:00 p.m. at the North Bay Courthouse Legal Aid Office.

3.4 When a matter is going to be set for trial, preliminary inquiry, or resolution the matter will be adjourned into the Judicial Set Date court to do so.

Second Appearance:

3.5 The second appearance will be six weeks from first appearance to provide time for accused persons to complete Legal Aid applications, retain counsel, obtain and review disclosure. If counsel is retained between the first and second appearance (or between any future appearances), the matter can be adjourned according to the applicable timelines into the represented persons case management court.

3.6 At the second appearance, accused persons will be expected to move the matter forward to the next step which is a Self-Represented Judicial Pre-trial date or resolution date.

3.7 If the matter is moving to a Self-Represented Judicial Pre-Trial, that date can be set in court at the second appearance. After the completion of the Self-Represented Judicial Pre-Trial, the matter will return to court six weeks from the date of the second appearance.

3.8 If the matter is ready to be set for trial, preliminary inquiry, or resolution it will be adjourned into Judicial Set Date court to do so.

Third Appearance:

3.9 The third appearance will be six weeks from the second appearance to allow for a Self-Represented Judicial Pre-Trial to take place. At the third appearance, accused persons may be ready to set a trial, preliminary inquiry, or resolution date.

3.10 The third appearance may be in the Judicial Set Date court if the matter is ready to set for trial, preliminary inquiry, or resolution.

Fourth Appearance:

3.11 The fourth appearance will be four weeks after the third appearance, and will be in the Judicial Set Date court where the Court will expect the matter to be set for trial, preliminary inquiry, or resolution in order to comply with the existing Jordan-Compliant Trial Scheduling Practice Direction. Parties are expected to be prepared to either resolve the matter or set a trial/preliminary inquiry date, within six months of the Information sworn date.

[1] Those accused persons who are charged with an impaired driving offence and are interested in participating in a Stream A or D of the Ministry of Transportation Reduced Suspension with Ignition Interlock Conduct Review Program may have their matter adjourned to earlier dates than those set out here, and/or directly into a resolution court, in order to resolve the matter within the Program’s 90-day deadline.