Oshawa 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.

The Ontario Court of Justice – Oshawa is embarking on a Streamlined Case Management Pilot Project beginning March 2, 2026.

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 Oshawa Streamlined Case Management Pilot Project will stream self-represented accused matters and represented accused matters to separate dockets at different times. The self-represented court will also have separate dockets for those in the diversion stream and those in the non-diversion stream.

Both streams of accused persons will have access to supports to assist them in moving through the case management phase. Currently, those supports include the Direct Accountability Program (run by the John Howard Society), Legal Aid Ontario Duty Counsel, Durham Mental Health Services, the Salvation Army and the Toronto Bail Program – Oshawa. These supports are currently available both in person and virtually.

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 – Oshawa courthouse:

• Out of custody adult accused persons with a first appearance in case management court on or after March 2, 2026.

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 released after a bail hearing.
• Any accused person charged with intimate partner violence offences and impaired driving offences.¹
• Any accused persons with Federal (drug) charges.

1.4 All other accused persons will have their first appearance approximately 12 weeks from the date of their arrest.

2. Disclosure

2.1 For matters prosecuted by the Provincial Crown, by the first appearance date an initial package of disclosure will be available to each accused person on the Digital Disclosure Hub. A Charge Screening Form with the initial Crown position and, where possible, the Crown election, will accompany the disclosure.

2.2 For matters prosecuted by the Federal Crown (drug charges), by the first appearance date an initial package of disclosure will be available to each person. A Charge Screening Form with the initial Crown position and, where possible, the Crown election, will accompany the disclosure.

2.3 The initial package of disclosure will enable the parties to engage in substantive discussions about the case.

2.4 All accused persons will receive the Notice to Adult Accused form at the time of release from either the police or in bail court. The Notice to Accused includes information on how to apply for Legal Aid, how to obtain disclosure, how to appear for fingerprints and court, and how to book a pre-trial meeting with the Crown.

3. Streamlined Case Management Process for Represented Accused

First Appearance:

3.1 Accused persons who have retained counsel must attend the courthouse in person on their first appearance date to satisfy their fingerprint obligations, unless they have completed their fingerprint obligations in advance. Where an accused person has satisfied their fingerprint obligations before their first appearance date, they may choose to appear remotely or in person for their first appearance and any subsequent appearances unless otherwise required by their release conditions or otherwise ordered by a Judicial Officer. Counsel may appear virtually or in person, unless otherwise directed by a Judicial Officer.

3.2 Beginning on March 2, 2026, if counsel is retained and on the record at the first appearance, the matter will be adjourned for 12 weeks to appear for their second appearance into the represented case management court.

3.3 Following the adjournment and before the next court date, counsel are expected to complete the case management tasks required, out of court, as set out in the  Ontario Court of Justice 12-Week Adjournment Practice Direction . This includes providing disclosure, receiving and reviewing disclosure, meeting with clients or complainants as necessary, conducting the 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:

3.4 The second appearance will be scheduled 12 weeks from the first appearance to allow counsel time to complete the out of court tasks described above.

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

3.6 If all out of court tasks have not been completed, counsel may request an additional adjournment to complete the required tasks and return in a position to set a date at the next appearance. The length of that adjournment will be decided by the judicial officer after hearing from counsel and the Crown why it is necessary, and must be in compliance with the Ontario Court of Justice Jordan-Compliant Trial Scheduling Practice Direction.

Third Appearance:

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

4. Streamlined Case Management Process for Self-Represented Accused

First Appearance:

4.1 Self-represented accused persons are required to appear in person on their first appearance. They must satisfy their fingerprint obligations, if not already completed. For subsequent appearances, a self-represented person may choose to appear virtually or in person, unless otherwise ordered by the Presiding Judicial Officer.

4.2 Beginning on March 2, 2026, anyone appearing for their first appearance in case management court who does not have a lawyer at their first appearance, will be adjourned to the self-represented persons case management court. The docket they return on will depend on the stream that their case is set to follow, either the diversion stream or the non-diversion stream.

4.3 If they are in the diversion stream, their matter will be adjourned for up to 12 weeks depending on the diversion requirements.

4.4 If they are in the non-diversion stream, they will be adjourned for three to four weeks to their second appearance.

4.5 For matters prosecuted by the Provincial Crown, self-represented persons will be able to access their disclosure on the Digital Disclosure Hub. Instructions on how to access this are provided within the Notice to Adult Accused which they will have received upon their release by the police or in bail court.

4.6 For matters prosecuted by the Federal Crown, self-represented persons will receive their initial disclosure at their first appearance. They will be instructed to review disclosure, complete Legal Aid applications (if applicable), and retain counsel (if applicable).

4.7 Duty Counsel will be available to meet with self-represented persons at their first appearance.² Duty Counsel can review the disclosure and Charge Screening Form with the accused and conduct a Crown Pre-Trial if they meet the financial eligibility requirements.

4.8 The Charge Screening Form will set out the Crown position. If the resolution contemplated is a form of diversion, and the self-represented accused person agrees to diversion, the adjournment from first appearance will be for up to 12 weeks. If the matter is not a diversion matter, the adjournment from first appearance will be for 3-4 weeks.

4.9 All self-represented accused persons will be expected to move their case forward through next steps during the adjournment. Currently there are the following supports to assist self-represented accused persons: Legal Aid Duty Counsel, Direct Accountability Program, Durham Mental Health Services, the Salvation Army, and, if applicable, the Toronto Bail Program – Oshawa.

4.10 When a matter is going to be set for trial or preliminary inquiry, a Self-Represented Judicial Pre-Trial will need to be held first.

4.11 When a matter is ready to be set for resolution by guilty plea or a s. 810.03 or 810.02 peace bond, it will be adjourned to be heard in front of a judge. If the accused person wishes to resolve the same day, the matter can be traversed to a judge’s court for that to occur. If the resolution involves withdrawal of the charges or resolution by way of a peace bond other than one under s. 810.03 or 810.02, it can remain in the case management court for resolution

Second Appearance:

4.12 The second appearance for self-represented accused persons in the diversion stream can be up to 12 weeks from the first appearance depending on the diversion requirements. The length of the adjournment should coincide with the anticipated completion date of the up-front work.  At the second appearance, accused persons are expected to update the court on the progress as to the requirements of the applicable diversion program. If necessary, the matter can be adjourned to a third appearance for the completion of that program.

4.13 The second appearance for self-represented accused persons in the non-diversion stream, will be three to four weeks from first appearance to provide time for self-represented accused persons to complete Legal Aid applications, retain counsel, and access and review disclosure, if not already accessed. If counsel is retained between 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.

4.14 If the matter is in the non-diversion stream, at the second appearance accused persons are expected to move the matter forward to the next step which is a self-represented Judicial Pre-Trial date or resolution date.

4.15 If the matter is moving to a self-represented Judicial Pre-Trial, that date can be set in the case management court at the second appearance, in accordance with the process in place for setting such dates.

4.16 If the matter is ready to be set for trial, preliminary inquiry, or resolution that date can be set in the case management court.

Third Appearance:

4.17 At the third appearance, accused persons are expected to set a trial, preliminary inquiry, or resolution date. These dates for self-represented persons will be set in case management court on the record, that day.

[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.

[2] Duty counsel is also available to provide summary legal advice over the phone, prior to the first appearance. This assistance can be accessed by contacting the Oshawa Duty Counsel Office by telephone at 905-728-3801 or by email to GeneralDCCriminal-Oshawa@lao.on.ca.