Single Judge Case Management for Complex Cases Pilot Project Practice Direction

1. Introduction

1. The objective of this Pilot Project Practice Direction is to help streamline case management of complex matters at the Ontario Court of Justice.
2. The Ontario Court of Justice recognizes that complex matters require more intensive case management. Single judge case management for complex matters allows for the same judicial officer to manage a case throughout the case management phase.
3. Single judge case management enables early identification of cases that are eligible for section 551.1 Case Management Judge appointment under the Criminal Code, it allows for a dedicated judicial officer to do Judicial Pretrials, and facilitates the early appointment of a preliminary inquiry judge (where applicable) who can exercise statutorily defined case management powers.
4. Whether through single judge case management in the case management phase, or by s. 551.1 Case Management Judge appointment, or by early assignment of the preliminary inquiry judge, the SJCM stream strives to ensure the following:
   • Fairness and accountability for all parties.
   • Highest and best use of court time.
   • Efficient deployment of judicial resources.
   • Timely disposition of complex matters.
   • Structured scheduling of hearings.

2. Application

1. Matters that are eligible for single judge case management are^[1]:
   • Homicide
   • Attempt Murder
   • Child sexual offences
     • Sexual interference (s. 151)
     • Invitation to sexual touching (s. 152)
     • Sexual exploitation (s. 153)
     • Child sexual abuse and exploitation material (s. 163.1)
     • Parent or guardian procuring sexual activity (s. 170)
     • Householder permitting prohibited sexual activity (s. 171)
     • Making sexually explicit material available to child (s. 171.1)
     • Luring a child (s. 172.1)
     • Agreement or arrangement – sexual offence against a child (s. 172.2)
     • Sexual assault in respect of complainant under the age of 16 years (ss. 271, 272 or 273)
     • Trafficking of a person under the age of 18 years (s. 279.011)
     • Material benefit – trafficking (s. 279.02)
     • Sexual services in respect of a complainant under the age of 18 (ss. 286.1, 286.2, 286.3, 286.4)
   • Sexual assault where the Crown is proceeding by indictment and seeking a penitentiary sentence
   • Human trafficking
   • Firearms use offences (not firearms possession alone)
   • Criminal Code driving offence where a death has occurred
   • Criminal Organization offences
   • Project cases
   • Terrorism and other national security offences

3. Process

General

1. All matters will continue to appear in regular case management court for their first appearance, regardless of charge.
2. At first appearance, complex matters that are eligible for single judge case management will be identified by the presiding judicial officer, and will be adjourned to the Single Judge Case Management stream.
3. At the Single Judge Case Management appearance, the judge presiding will have the discretion to case manage the matter as they see fit. This may include:
   • Conducting one or more Judicial pretrials with the SJCM judge, where the matter qualifies for a Judicial Pretrial.^[2]
   • Referring the matter for appointment of a s. 551.1 Case Management Judge after election for trial at the Provincial Court.
   • Engaging in early appointment of a preliminary inquiry judge after election for a preliminary inquiry, where applicable.
   • Facilitating scheduling and resolving matters.
   • Taking one or more of the following steps^[3]:
     • Confirming or amending time estimates.
     • Setting timelines for the exchange of materials.
     • Setting timelines (not court orders) for the completion of disclosure.
     • Setting times for the hearing of applications.
     • Setting dates for further pre-trials, if required.
4. The matter will return, as directed, in front of the same judge throughout the case management phase.^[4]

Early Appointment of a Preliminary Inquiry Judge

5. Where an accused is eligible and elects a preliminary inquiry, all efforts should be made to assign a preliminary inquiry judge as early as possible. Where one is assigned, there will be a focus hearing scheduled in accordance with section 536.4, where the assigned judge may:

• • Fix deadlines for filing the statement of issues and witnesses (s. 536.3).
  • Assist the parties in identifying witnesses (s. 536.4).
  • Encourage the parties to consider matters that would promote a fair and expeditious inquiry (536.4).
  • Grant a change of venue application (s. 537(1)(a)).
  • Limit the scope of the preliminary inquiry (s. 537(1.01)).
  • Limit witnesses (s. 537(1.01)).
  • Receive trustworthy and credible evidence not otherwise admissible (s. 540(7)).
  • Grant a Rowbotham application, if necessary.

Early Appointment of a Section 551.1 Case Management Judge

6. Where the parties elect to be tried at the Ontario Court of Justice, consideration will be given to the appointment of a s. 551.1 Case Management Judge where it is necessary for the proper administration of justice.
7. Parties may make an application, or a matter may be referred by the Single Judge Case Management judge presiding, for an appointment under s. 551.1.
8. The s. 551.1 Case Management Judge may or may not be the trial judge.
9. Section 551.1 Case Management Judges may:
   • Fix deadlines for outstanding disclosure.
   • Resolve Rowbotham or amicus applications.
   • Order joint hearings for overlapping pretrial motions from connected by separate Informations, where required.
   • Resolve any change of venue applications.
   • Evaluate whether the Crown and Defence trial plans are feasible and make orders necessary to ensure the case moves efficiently to trial.
   • Adjudicate pretrial motions such as, disclosure, third party records, s. 11(b) Charter, admissibility of evidence, voluntariness, similar fact, and severance.

• [1] Eligible matters include matters where there is a charge of conspiracy to commit one of the listed offences.
• [2] There is an assumption that matters in the Single Judge Case Management stream will qualify for a JPT in accordance with the Ontario Court of Justice Judicial Criminal Pre-trial Best Practices criteria for eligibility.
• [3] In accordance with the Criminal Rules of the Ontario Court of Justice, Rule 4.2(7).
• [4] Where a matter proceeds in the Single Judge Case Management stream, and where the Case Management Judge determines that additional appearances are necessary for meaningful and effective case management, the three-appearance standard set out in the Ontario Court of Justice Practice Direction re: Jordan-Compliant Scheduling may not apply. Similarly, the Ontario Court of Justice Practice Direction re: 12-Week Adjournment from First Appearance in Criminal Case Management Court for Counsel Matters may not apply.