Provincial Offences Act Judicial Pre-trial Practice Direction

The Ontario Court of Justice is committed to ensuring the fair and timely resolution of provincial offences charges. Effective judicial pre-trials promote this goal as well as the efficient use of limited court and justice participant resources. Judicial pre-trials for provincial offences charges must address:

• accurate trial estimates;
• procedural and evidentiary issues that promote the proper use of trial time, including Charter and other trial applications;
• resolution options, if any; and
• the distinction between provincial offences and criminal offences.

This practice direction is intended to provide guidance to all judicial pre-trial participants. The practice direction is subject to the direction of the Regional Senior Justice of the Peace.

Judicial pre-trial expectations

1. Preparedness by all participants at a judicial pre-trial is a key requirement.
2. Before attending a judicial pre-trial:
   1. a)the prosecutor and defendant must have discussions about the conduct of the trial and resolution of the matter (if appropriate);
      
   2. b)the defendant must have received substantial disclosure to permit a meaningful judicial pre-trial unless a key issue at the pre-trial is disclosure itself;
      
   3. c)unless otherwise directed, the prosecution must serve and file—two business days before the pre-trial—a case synopsis of no more than two pages, a copy of the relevant legislative provisions and a copy of any case law that will be discussed at the pre-trial; and
      
   4. d)unless otherwise directed, the defendant must serve and file—two business days before the pre-trial—any materials and case law that will be discussed at the pre-trial.
      
3. At the judicial pre-trial, the prosecutor and the defendant must have authority to make all decisions in relation to:
   1. a)disclosure;
      
   2. b)applications, including Charter applications;
      
   3. c)the number of witnesses prosecution and the defendant will call at trial;
      
   4. d)whether any expert witnesses will be called at trial;
      
   5. e)any admissions the prosecutor or the defendant are willing to make;
      
   6. f)any evidence that may be admitted on consent;
      
   7. g)any legal issues the parties anticipate may arise at trial;
      
   8. h)an estimate of the time needed to complete the proceedings; and
      
   9. i)resolution of the case (if appropriate).
      
4. Where a representative of the defendant is conducting the pre-trial—the defendant must be available by telephone or other electronic means to provide instructions during the pre-trial.
5. The judicial officer presiding over the pre-trial may postpone and order that the pre-trial be rescheduled if either the prosecutor or the defendant fails to meet the required level of preparedness or lacks the authority to make necessary decisions. The judicial officer shall make an appropriate endorsement that will be attached to the court file.

Criteria for judicial pre-trials

6. The following cases should be scheduled for a judicial pre-trial:
   1. a)cases with a time estimate exceeding 2.5 hours, including pre-trial applications unless otherwise directed by the Regional Senior Justice of the Peace;
      
   2. b)cases involving the loss of life or bodily harm;
      
   3. c)cases that have not been set for trial or plea within established Jordan-compliant scheduling parameters; and
      
   4. d)cases as directed by the Court.
      
7. A judicial pre-trial for a Part I or Part II proceeding should be exceptional.

Scheduling judicial pre-trials

8. Judicial pre-trials are to be completed within six months of the date that the Information was received or the date the Certificate of Offence was filed. A judicial pre-trial requested after the six-month mark must be ordered by a judicial officer to ensure proper attention to Jordan-compliant scheduling requirements.
9. A judicial pre-trial may be scheduled—in court—during a court appearance or by making a request to the relevant office between court dates.
10. Judicial pre-trials will be scheduled for 30 minutes.
11. The efficient use of limited court and justice system resources requires that only one judicial pre-trial be held per case. Any request for a continuance or an additional judicial pre-trial must be authorized by a judicial officer who is satisfied that such a pre-trial will meaningfully enhance trial efficiency or facilitate the resolution of the matter.

Who Should attend Judicial pre-trial

12. Where the defendant is represented by a licensee of the Law Society of Ontario, only the prosecution and the representative should attend the pre-trial.
13. Where the defendant is self-represented or assisted by someone that is not licensed by the Law Society of Ontario (e.g., a friend or family member), only the prosecutor and the defendant should attend the pre-trial.
14. With the approval of the judicial officer conducting the JPT—others may attend the pre-trial.

The mode of appearance at judicial pre-trials

15. Where the defendant is represented by a licensee of the Law Society of Ontario, the judicial pre-trial shall be conducted by video. In exceptional circumstances, and with the agreement of the presiding judicial officer, the pre-trial may instead be held by audio or in person.
16. When the defendant is self-represented, the judicial pre-trial shall be conducted by video, held in camera, and recorded by a court reporter. Where necessary (e.g., a defendant is limited by access to, or use of, technology),

The judicial pre-trial report

17. The judicial pre-trial report prepared by the presiding judicial officer shall be provided to the prosecutor, the defendant, and the POA court office. The report will be attached—unsealed—to the Information or the Certificate of Offence.

Judicial pre-trial follow-up

18. If circumstances have changed, the parties must request an urgent follow-up judicial pre-trial or a case management conference with the judicial officer assigned to the trial.