Streamlined Case Management Protocol – Windsor Courthouse

Information

Effective Date: September 1, 2025

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 – Windsor is engaging in the following Streamlined Case Management initiatives in an effort to streamline criminal matters and engage with justice participants in a more meaningful way throughout the case management phase.

  1. Application: 
  • The Windsor Courthouse Streamlined Case Management initiatives apply to all adult criminal matters at the Windsor courthouse.
  1. Streamlined Case Management Initiatives: 
  • Criminal matters are currently divided into the following streams:
    • Matters where the accused person has counsel.
    • Matters where the accused person is self-represented.
    • Matters where the accused person may benefit from increased supports (H4 Court) or qualify for a specialty court (such as Drug Treatment Court, or Mental Health Court).
    • Matters that require more intensive case management.
  • The following supports are currently available for accused persons in Windsor:
    • Legal Aid Duty Counsel.
    • Specialized Courts and associated supports – Drug Treatment Court, H4 Court, and Mental Health Court.
    • Courthouse Navigator Program – individuals who provide information about the court process and operations in the courthouse to accused persons, witnesses, or other justice participants.
    • Community Justice Coordinators – dedicated, full-time, non-legal resources who promote timely coordination, resolution, and diversion of cases by making meaningful connections to community and Indigenous justice programs.
  • The following accused persons with Provincial (non-drug) charges 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.

    Accused persons with Federal (drug) charges, will be released from police or bail court to a first appearance date approximately 8 weeks from the date of arrest.

    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. Represented Accused Matters:
  • It is expected that between first and second appearance, counsel will have taken all steps directed by the court to move the matter forward through the case management phase, including, obtaining and reviewing disclosure, meeting with Crown and, getting preliminary instructions from their client.
  • A represented accused person’s matter may also be streamed into one of the specialized courts, if applicable. A represented accused person may also engage the assistance of the Community Justice Coordinator.
  • It is expected that no later than the third or fourth appearance, the matter will be set for trial/preliminary inquiry or resolution.
  • Where a matter has not been set for trial/preliminary inquiry or resolution by the third or fourth appearance, and if a matter is at, or approaching, the six-month deadline set out in the Ontario Court of Justice Practice Direction: Jordan-Compliant Trial Scheduling, the matter will be adjourned into a trial date-setting Court where a Trial Coordinator is present. Counsel will be required to attend (in person if they have not obtained a date in advance), and the Court will set dates with Counsel in court on the record on that day.
  1. Self-represented Accused Matters:
  • Where an accused person is self-represented at their first appearance, they will be provided information how to obtain disclosure, they will be connected to Duty Counsel, and they will be given information about Legal Aid applications.
  • Their matter will be adjourned to a second appearance, in order for them to take steps to either secure counsel or move their matter forward without a lawyer through the case management phase.
  • Between their first and second appearance, self-represented accused persons will be expected to obtain and review disclosure, speak with Duty Counsel (where applicable), and begin deciding whether they wish to resolve their matter or set dates for trial/preliminary inquiry.
  • Where a self-represented accused person may be struggling with mental health issues, housing issues, or substance issues, they may be streamed into the H4 Court. The H4 Court is where an accused person can connect with community partners who will assist with agency referrals, services, and attending court appearances.  Duty Counsel will also help accused persons on the H4 Court list.
  • A self-represented accused person’s matter may also be streamed into one of the specialized courts, if applicable. A self-represented accused person may also engage the assistance of the Community Justice Coordinator.
  • Where a self-represented accused person attends their second appearance, the court expects they will have reviewed their options with Duty Counsel and will either be heading towards a resolution or are intending to set a date for trial/preliminary inquiry. They may also set up a meeting with the Crown to discuss resolution or matters relevant to the trial process.  The matter may be adjourned in order the self-represented accused to confirm their intentions.
  • Where a self-represented person intends to proceed to trial, the Court will set a date for a self-represented Judicial Pretrial in court.
  • Where a self-represented person intends to resolve their matter, it will be adjourned either to complete steps required for the resolution or directly to a date for resolution.
  • By the third or fourth appearance, where a self-represented accused person intends to proceed to trial, they are expected to have had a judicial pre-trial and are expected to have secured a trial/preliminary inquiry date.
  1. Intensive case management referrals:
  • Where a matter is overly complex or there are legal issues that cannot be easily resolved, the matter may be referred to a separate tier, before a justice other than a justice of the peace, where the Court can engage in more intensive case management efforts.
  • This may include the appointment of a Case Management Judge in accordance with s. 551.1 of the Criminal Code, either by application from one of the parties, or by the Court’s own motion.

 

[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.

 

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