Opening of the Courts

Opening of Courts Speech
The Honourable Sharon Nicklas
Chief Justice of the Ontario Court of Justice
September 29, 2026

Chief Justice Tulloch, Chief Justice Boucher, Lieutenant Governor Dumont, Attorney General Downey, Treasurer Konanur, colleagues, members of the bar, and honoured guests:

The Opening of the Courts is a tradition that never feels old. It is an opportunity to reflect, restate and recharge for the exciting work that lies ahead. At a recent function of leaders from the criminal justice sectors across our vast province, a retired Chief Justice from another province who heard our plans described us as a Chinnock, where the warm wind is coming over the mountain and bringing tremendous change and optimism. With just under 5 years left in my eight-year term, I am feeling the strength of the wind at my back that comes from the collaboration with and support from so many of you in the room today and joining us by zoom. Thank you for giving me this opportunity to share how the winds are shifting to change the way justice is delivered in every courtroom we sit in and in every community, we call home.

The transformation we envisage is not just bringing up to date the processes and procedures that guide the court. No, it goes far beyond that, aiming to ensure that the Ontario Court of Justice is a fair, accessible, and innovative Court that delivers impartial and timely justice, and ensures all participants are treated with dignity and can take part meaningfully.   Those words are the guide –  the vision statement created with the help of many justice partners-  for this transformation, which has already started and is already bearing fruit. Although certainly not all pieces are perfect, these fruits reveal that the climate exists for imagining big, for giving new ideas a try, for learning and growing.

In my first Opening of the Courts speech in 2023, I spoke about the daunting task of being a team captain, so to speak, at a crossroads in the justice system, where we needed to choose a new path.

With the shift to some virtual work arising from the lessons learned during the pandemic, we saw the advantages technology could offer in improving access to justice. The growing pains, however, remain real, with Zoom disruptions sadly still occurring from time to time. We thank the Ministry of the Attorney General leadership and clerks of our courts, as well as staff in my office, for their tireless work in responding to these zoom bombings, including their diligence in verifying participants so that justice participants can engage with the Court safely and respectfully. In fact, the thank you extends beyond zoom bombings.  The people in my office, the clerks, supervisors, managers and directors of court operations, are all critical to every single success that the Court has had. I am so grateful.

In 2024, my second Opening of the Courts speech, I spoke of standing at that crossroads and sprinting down the path we had chosen, recognizing the need for immediate change as the justice system faced a crisis of growing caseloads and issues.

This includes the ability to participate in our hearings in both official languages ​​without delay. The Court continually seeks to improve the justice system to better meet the needs of the public.

We needed to sprint to make immediate changes, and we took to the road literally through listening tours.

Each fall, Deputy Minister Corbett and I host a Criminal Provincial Case Management Forum, where approximately 150 justice system leaders, from each of the seven regions, come to Toronto to discuss challenges and find solutions. We held our fourth annual forum just last week.

Each spring, we take planes, trains, and automobiles to lead 21 regional forums: nine for criminal court, five for family court, and seven for provincial offences courts. During these forums, we meet with local justice system leaders throughout all seven regions to gather their views on backlog reduction strategies, transforming case management, and new approaches to justice across all three areas of law in which we work.  We are consulting our partners in the justice sector to take their views into account and improve the Ontario Court of Justice.

We have met with thousands of people and learned a great deal about our vast province and the unique challenges that face the diverse communities we serve.

Last year in my speech, I observed that, as any athlete knows, no one can sprint forever. Despite our best efforts, cultures of delay and inefficiency continue to persist in criminal, family, and provincial offences courts. Our focus was on creating lanes of carefully targeted and sustainable reforms.

Overrepresentation and over-incarceration of vulnerable and marginalized individuals, particularly Indigenous peoples and racialized individuals, is still a very serious issue.

Now, at this Opening of the Courts, I can say the sprint is over.  The marathon has begun. And the wind is at our back. Although there are many kilometres ahead, the route has been chosen.  It is both ambitious and doable, provided we keep the pace.

What will you see on the road ahead in our five-year plan?

First, we have created four zones of Criminal Court Transformation, with more than 37 pilot projects currently underway across these four zones. The Ministry of the Attorney General has also developed quantitative and qualitative evaluation frameworks that will be invaluable as we refine, expand, and measure the success of these initiatives.

a. Bail Reform is the first zone. In June, we launched a Bail Practice Direction to improve access to fair, timely, focused, and effective bail hearings. It addresses four key areas:

1. The materials that should be filed;
2. The anticipated length of routine hearings;
3. Viva voce evidence and cross-examination; and
4. Complex bail matters.

Evaluating the success of the Practice Direction through data collection will remain a priority for the Court.

b. Case Management is the second zone and here we have created a “3D Approach”: Disclose, Discuss, Decide, where parties are to have taken these three steps at only three court appearances within the first six months of a case.

With the implementation of a new Crown disclosure protocol by ADM Randy Schwartz—and I would like to extend a huge thank you to ADM Schwartz for his courageous and determined leadership on this issue–this approach will become significantly easier to achieve, allowing accused persons to identify their path toward resolution or trial by the six-month mark.

c. Scheduling Reformis the third zone. We have a team of judges and justices of the peace who have stepped up to help us transform how we schedule matters in our Court.  These leaders are helping to create scheduling practices where trials proceed on consecutive days and are not unnecessarily encumbered by other case management appearances, pre-trials, or plea matters. As the Supreme Court of Canada stated earlier this year in R v. Vrbanic – “where the courts, the Crown, and defence counsel collaborate, as Jordan demands, to prevent delay from arising, there are many strategies that can concretely reduce the time it will take to adjudicate a charge on its merits.” Examples were provided and are being implemented to ensure that collaboration occurs and strategies are undertaken. The Court further stated that: “Section 11(b) of the Charter exists to ensure timely justice: even one stay of proceedings is one too many.”. We take that very seriously and wholeheartedly agree.

To do so, we have created a streamlined process for appointing case management judges in serious matters and we are developing pilot projects that allow a single judge to oversee major cases from the outset, providing greater focus and continuity.

We are also now offering on-demand scheduling through the leadership of our Scheduling Manager, and Strategic Scheduling Consultants in every region, working closely with Trial Coordinators and Assistant Trial Coordinators.  I am so grateful for the hard work done by these teams to support the Court’s scheduling transformation.

I recognize though, that the challenges faced by the criminal defence bar in accessing their clients in custody, and in ensuring those individuals appear before the court or cameras in a timely manner. This reminds us that we must continue working together to remove barriers and proceed in a coordinated and collaborative way.

d. Community Court Hubs

With these first three zones well into their implementation phase, our focus over the next two years will be on developing Community Court Hubs.

We envision a model of integrating community services into all stages of the criminal justice system to increase access to justice and improve outcomes for accused persons, their families, and victims and survivors of crime.

Every day, our Judges, Justices of the Peace, and justice sector partners encounter members of marginalized communities, including individuals living with addiction and mental health challenges.

We currently benefit from four Justice Centres – an incredibly impactful approach to justice led by Dayna Aaron from the Criminal Law Division at the Ministry of the Attorney General. We also have 65 specialized criminal courts that focus on the needs of particular marginalized communities. However, as one judicial advisor recently said it best – the reason specialized courts are seen as desirable is that they give everyone involved more time to serve persons appropriately who are selected to appear before them. However, we should be serving everyone in those ways – with intention and community collaboration in every Court in every community.

Our plan also includes addressing concerns with populations that continue to be overrepresented within the criminal justice system.  To that end, the plan aims to better serve Black justice participants, work with Indigenous communities to improve justice, and address the needs of individuals who cross-over from the child welfare system into the criminal justice system.

While 1 % of the general population has experience in the child protection system, 46% of the youth in the Youth Criminal Justice System have prior or current engagement with child protection agencies. Many of these young people are Indigenous or Black. We will be looking for ways in which to advance justice approaches that will re-connect these youth to their community and pro-social activities. At the same time, we are looking at how we as judicial officers can engage in initiatives aimed at prevention, engagement, and leadership among young people, particularly those most affected by systemic barriers.

Reconciliation with First Nations, Métis, Inuit, and Urban Indigenous communities in Ontario remains a very high priority. We are working on an Indigenous Outreach Strategy, recognizing the diversity across Indigenous communities, grounded in listening, trust-building, and relationships.

Meaningful collaboration with Elders and Knowledge Keepers has already resulted in expanded restorative justice courts and strengthened relationships, particularly in Northwestern Ontario. Outcomes have included lower rates of recidivism and, equally important, significant progress toward reconciliation through teaching, relationship building, and mutual understanding.

Building upon that foundation, the next phase will focus on expanding outreach into the rest of Northern Ontario and selected communities in Southern Ontario through regionally anchored leadership teams. This work will be community driven, respectful of local protocols, and informed by the findings of commissions and best practices from across the country. I would like to thank ADM Marian Jacko and her team for being a part of that journey.

In parallel, we are developing a strategy toward taking concrete actions as a Court to  better serve Black communities, who are overrepresented in the criminal justice system.  We are starting with understanding the impacts of Anti-Black racism in the justice system and we will build a Black Justice Strategy for our Court that reflects engagement, partnerships, and what can be learned from research and best practices.

2. Family Court Transformation

The second element of our five-year plan is the expansion of family court scheduling best practices, particularly the principle of One Judge, One Family. We are working now to ensure that single-judge case management exists at all court locations across the whole province, not only in urban centres.

We are also exploring how that model might be expanded to include One Judge for both criminal and family proceedings, similar to the approach used in the Toronto Integrated Domestic Violence Court.

In addition, we have implemented a team of per diem specialist family judges to conduct settlement conferences across the province. These judges bring particular expertise and will have opportunities to work with families before matters proceed to trial, helping parties resolve disputes that might otherwise deepen division.

3. Provincial Offences Courts

The third element of the plan is continuing to bring greater alignment among our 56 independent Provincial Offences Courts. We have collaborated more closely than ever before to create greater consistency and transparency.

This past March, the Ontario Court of Justice released the Jordan-compliant scheduling direction in Provincial Offences Act courts. This direction codified existing scheduling practices to ensure a defendant’s right to a timely trial is respected and clarified the expectation for parties to move matters forward efficiently. In addition, I look forward to the Ministry of the Attorney General’s review of the Provincial Offences Act court system and hope it will bring overdue modernization to processes and promote greater uniformity in these proceedings across the province.

While we made significant strides in scheduling, our Provincial Offences Act courts have also faced challenges. Court security continues to vary across the province, resulting in inconsistent standards and officer presence. In addition, defendants continue to have challenges receiving timely disclosure. We will continue to work collaboratively with our partners to address these issues. I would like to thank Deputy Attorney General Corbett and ADM Erika Cotter for all of their support in working on court security issues in our province, I remain optimistic that there will be tangible, significant improvements to court security. I am having ongoing conversations with all parties including MAG and SOLGEN to ensure that this continues to be a priority and actions are taken to ensure the safety of all those attending court in Ontario.  I know that one thing we can all agree on is that we must ensure the safety and security of every person in every Courtroom in this province.

4. Technology Support

The fourth element of the five-year plan is technology support.

This fall, the Digital Information Repository, or DIR is being implemented across the province. It represents a major digital transformation, moving Ontario provincial criminal courts from paper-based processes to electronic systems. It is a key initiative within the broader transformation plan. Alongside DIR, the Courts Digital Transformation initiative continues to advance modernization efforts across Ontario. I would sincerely like to thank ADM Katie Wood for her commitment to this DIR roll out which will change the way that our court locations can collaborate and support each other and ADM Peter O’Keefe for his steadfast leadership on CDT.

None of this very important work… not a single kilometre down the marathon route… happens without the good work and partnership of many within the justice system.  I would be remiss if I did not speak a bit about those whose diligence and devotion help shape the path of this Court and support those winds of change.

Thank you, Chief Justice Tulloch, for your leadership and friendship. I am deeply grateful for our collaborative approach to every issue that confronts us, and for the advice and guidance you have so generously provided.

Chief Justice Boucher, congratulations and welcome. I am thrilled for you and for your Court.

All the very best to Chief Justice Morawetz on his well-deserved retirement.

Attorney General Doug Downey, thank you for your extraordinary commitment to the work of our Court along with Deputy Attorney General Corbett and your team. In just over three years, you have announced an additional 56 judges be added to the complement of our court, that will take us from 300 to 356 judges, together with the corresponding investments necessary to support that growth.

You have also been remarkably proactive in appointing Justices of the Peace, including 27 new colleagues on June 26. Since I took on this role three years ago, you have appointed 113 judges and 115 Justices of the Peace, representing approximately one-third of each full-time bench.  I have the privilege of witnessing personally their brilliance and professionalism through my role as their “second call” after their appointment, and by attending all of their swearing-in ceremonies. Their appointments will undoubtedly ensure that the Ontario Court of Justice continues to meet the needs of the public we serve. Thank you.

We are also grateful to our partners across the legal profession, particularly Legal Aid Ontario, the Criminal Lawyers’ Association, the Federal Crown Attorneys, the Ministry of the Solicitor General, and policing organizations. They have been strong allies in helping us focus on how justice in Ontario can be transformed for the better.

Thank you too Lieutenant Governor Dumont for the leadership you take in inspiring young leaders to make a difference. I was so grateful to attend the first visit of Governor General Arbour to our province, where you also asked us to bring along a future, much younger leader. The connections that were made that day, and how you brought inspiration will make lasting impacts.

Although I speak to you today as one voice of the Ontario Court of Justice, I am supported by an extraordinary chorus of judicial leaders at both the regional and local levels, as well as two active and supportive associations, led by Justice Jennifer Crawford and Justice of the Peace Brett Kelly.

Our leadership team has expanded significantly. We are fortunate to be supported by two exceptional Associate Chief Justices, ACJs Aston Hall and Jeanine LeRoy. As this will be ACJ Hall’s last Opening of the Courts before the end of his term in June 2027, I want to express my gratitude for his friendship, leadership, and unwavering commitment to our Court.

We are so served by our extraordinary Senior Associate Justice of the Peace Melanie Bremner; seven dedicated Regional Senior Judges; and seven committed Regional Senior Justices of the Peace.

Rounding out our leadership table are Senior Advisory Scheduling Judge Rondinelli, Senior Advisory Family Judge Neill, Senior Indigenous Justice of the Peace Libby Garg, Senior Education Justice of the Peace Judith Montreuil, and Senior Technology Justice of the Peace Renee Rerup.

I would also like to acknowledge that this will be the final Opening of the Courts in these leadership roles for RSJ Karen Lische, RSJ David Gibson, RSJP Sonia Aleong, and RSJP Denette Ellard. I thank each of them sincerely for their wisdom, dedication, insightful leadership, and unwavering commitment to justice.

We also welcome several new leaders, including some whose names I have already mentioned, as well as RSJP Jill Morris, RSJP Louise Logue, and incoming RSJ Marlyse Dumel. Your voices are welcomed, valued, and important at our leadership tables.

Finally, I also want to acknowledge my small but mighty team in the Office of the Chief Justice, without whom, none of what we do would be possible. Never has there been a more hardworking group of people, and I am so grateful for their unending commitment to this Court and to the public we serve.

Our Court presides over approximately 98 percent of the criminal court work in this province, conducts family court proceedings in 25 jurisdictions, and hears all provincial offences matters in Ontario’s 56 independent municipal courts. Across criminal and family jurisdictions, we operate through 56 base courts and 70 satellite courts, and serve 29 fly-in communities. We schedule proceedings in approximately 680 courtrooms throughout Ontario.

The operation of this Court is a considerable responsibility, but one we take very seriously.

We are all proud of the work we do, and today’s ceremony provides an opportunity to showcase the exceptional efforts made by all of you who work within this system.

With your help, the route we have mapped out for our five-year plan will strengthen the winds of change in our Court and beyond.  We remain committed to working together to build a justice system that is dynamic, innovative, collaborative, and principled to enhance the public confidence in the justice system and the rule of law.

Thank you, Merci, Migwich