Written Consent Release Pilot Project Practice Direction

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.

Bail proceedings must protect the liberty rights of an accused person – including the constitutional right to reasonable bail and the right to a timely bail hearing – and also protect the public. Timeliness is critical to ensuring a bail hearing is meaningful and fair.

In support of those commitments, the Ontario Court of Justice is beginning a pilot project that allows for out of Court written consent releases to be issued by Judicial Officers for individuals in bail Court or case management Court, who are seeking a straightforward bail release on consent of the Crown’s office. This will assist the Court in making the best use of Court time and videoconferencing resources.

The following Practice Direction sets out the elements of the Written Consent Release Pilot Project.

The location-specific Process Documents contain specific information for each location participating in the Written Consent Release Pilot Project, including contact information for where to send the Proposed Consent Release form.

1. Application

1.1 This Pilot Practice Direction applies to all Pilot Project Court locations noted in the location-specific Process Documents. The Pilot Project applies only to adult matters.[1]

2. Written Consent Release Application Process

2.1 Parties will submit the proposed terms of the release, once agreed upon, to the Court using a standard written consent release application form (available here: Proposed Consent Release form) with supporting materials, including a copy of the Information, synopsis, criminal record (if any), and completed and sworn Surety Declaration (if applicable).

2.2 Prior to submitting the form and supporting materials, Defence counsel, which includes Duty Counsel, must:

• (i) review the proposed release (and all conditions) with the accused person,
• (ii) confirm with the accused person that they understand and consent to the proposed release being considered in writing outside of court, in their absence, and
• (iii) review the proposed release (and all conditions) with any proposed sureties, if applicable.

2.3 The proposed release will be reviewed by a justice of the peace (or judge, if applicable) who may:

• (i) grant the release on the terms agreed to by counsel, or,
• (ii) refuse to grant the release, and if the matter is in Court that day, refer the matter into that Court to be addressed on the record; where the matter is not in Court that day, it will revert to its next scheduled Court date.

2.4 Before the release order is made, the accused person will be brought before the issuing justice of the peace (or judge, if applicable), by audio, video, or in person, to acknowledge and enter the release order on the record. This may be done in Intake Court using video or audioconferencing, where applicable. Discussion should be limited to whether the accused person agrees to be bound by the terms of release. Counsel need not be present for this. If they do wish to attend, they must indicate this in the body of the email sent to the Court when submitting the Proposed Consent Release form. Should any member of the public wish to observe, they should contact: OCJCommunicationsOfficer@ontario.ca.

2.5 If the justice of the peace (or judge, if applicable) is unable to confirm that the accused will comply with the conditions of the release order, the release will not be granted. If the matter is in Court that day, it will be referred into that Court to be addressed on the record. Where the matter is not in Court that day, it will revert to its next scheduled Court date.

2.6 If an interpreter is required for the accused to review the conditions with the justice of the peace (or judge, if applicable), Defence counsel must indicate that on the Proposed Consent Release form and must indicate same in the body of the email sent to the Court when submitting the form.

2.7 The written consent release process may be used by an accused person in bail Court that day or may be used by an accused person whose matter is scheduled on a future date in bail Court or another Court, such as case management Court.

2.8 Where the matter is scheduled on a future date, the accused person must note the existing next court date on the Proposed Consent Release form. The accused does not need to request that the matter be brought forward for the purposes of the written consent release application.

Chief Justice Sharon M. Nicklas
Ontario Court of Justice

[1] Other matters may be excluded where noted in the location-specific Process Documents.  For example, in Thunder Bay the Pilot does not apply to surety releases or matters where an accused is charged with both Federal and Provincial charges arising out of a single occurrence.