2015 – 2024 Overview

Introduction – The Decade Spanning 2015-2024

This period of the history of the Ontario Court of Justice focuses on the years commencing with the appointment of Justice Lise Maisonneuve as Chief Justice. The first edition of the Court’s history concluded as Justice Maisonneuve was sworn in as Chief Justice on May 14, 2015. This summary of the major changes, which occurred between 2015 and 2024, begins with Maisonneuve’s first Opening of Courts speech, delivered on September 24, 2015, and covers a decade during which the world experienced the COVID-19 pandemic to which the Court responded with a collection of unprecedented modernization initiatives. The decade comes to a close with the appointment of a new Chief Justice. As of May 2024, Chief Justice Sharon Nicklas was 11months into her eight-year term. She delivered her second Opening of Courts speech on September 23, 2024 – and portions of its text conclude this summary of the Court’s history for the years 2015 to 2024.

2015: A Newly Appointed Chief Justice Sets Out A Vision For The Court

“Modernization” was a key theme of Chief Justice Maisonneuve’s first Opening of Courts speech. This speech was a cornerstone of her tenure as Chief Justice, setting out her vision. She not only defined the Court’s approach to modernization, but she also set out certain of the processes she considered critical to achieving that goal. Maisonneuve also indicated her commitment to “consultation and collaboration” and working effectively with other justice system partners, while always maintaining the Court’s judicial independence.

In terms of modernization, she explained: “Modernizing our Court’s processes is linked to providing timely, effective justice – and better serving the public. The way we use technology is one critical aspect of improving how we do our work. Procedural reform in criminal, family, child protection and young offender cases is another.

Electronic scheduling tools for both our judges and justices of the peace were a signature step, noted by Chief Justice Maisonneuve, to making our court processes more standardized, streamlined and user friendly. Working with Ministry staff, trial coordinators, technology experts and our judiciary resulted in court-wide replacement for a multitude of scheduling tools – including the old-fashioned paper-based systems. The view of modernization looked positive: our e-scheduling tools would allow us to better assign our resources, and, thus, more effectively manage the many proceedings in our Court.

In the criminal law realm, Chief Justice Maisonneuve had just announced a cross-sector committee of senior officials drawn from the Court, the government, the Criminal Lawyers’ Association, Legal Aid Ontario and the Ontario Association of Chiefs of Police. Modernization of the Ontario Court of Justice would be the focus of this committee.

In the Opening of the Court’s speech, the Chief Justice indicated that her approach will be collaborative, with priorities being shared. Simplifying the Court’s processes and providing practical operational solutions to better serve the public were their goals.

Examples of early initiatives included:

• Effective and timely intake and release practices, and meaningful remand appearances,
• Effective pre-trial and trial management, and meaningful and timely court appearances, and
• Streamlined and timely processes for in-custody accused, such as better access for defence counsel to in-custody clients and remote appearances.

In the area of family law, our Court’s work with Community Legal Education Ontario and the Superior Court of Justice on the ‘Shared Steps’ website continued. It was anticipated that a ‘one-stop’ user-friendly informational website would greatly benefit family law litigants.”[1]

The Inception Of The Criminal Modernization Table

Several of the initiatives that Maisonneuve mentioned in her first Opening of Courts speech would be realized in the eight years that followed. One of the most significant initiatives was the creation of the Criminal Modernization Table. According to Maisonneuve, “one of my big frustrations, prior to serving as Chief Justice, was the fact that those of us working in the criminal justice sector tended to work in silos.” To combat that “silo effect,” Maisonneuve approached the Deputy Attorney General with the idea of the creation of a cross-sectoral committee where all key members of the criminal justice system could meet on a regular basis and decide, as a collective, to work together on a collection of initiatives. This “Crim Mod” committee has stood the test of time – continuing to work on productive and pragmatic initiatives a decade following its inception.

One Of The First Initiatives Of The Crim Mod Table – The Development Of The Ontario Court Of Justice’s Judicial Criminal Pre-Trial Best Practices

Judicial pre-trials are the venue where lawyers come to discuss – with a judge – a variety of issues including, for example, disclosure matters, winnowing issues to be determined at trial, and estimating a realistic duration of a trial. These pre-trials are meant to manage cases and facilitate – and make more efficient – the trial process. However, in many cases, the pre-trial process had devolved into a “drive by” event in which few issues were resolved because lawyers attended unprepared to discuss the relevant issues. To combat this and to ensure that the pre-trial process resulted in “meaningful appearances” in which issues were resolved before trials, the Court, in consultation with members of the Crim Mod Table, developed a set of “best practices” for pre-trials, first published in September 2015. This process continues to be utilized by the Court a decade later.[2]

The Appointment Of A New Associate Chief Justice

On June 3, 2015, Peter DeFreitas was appointed as an Associate Chief Justice of the Court. His six-year term followed that of Peter Griffiths. Justice DeFreitas joined Associate Chief Justice and Co-ordinator of Justices of the Peace, Faith Finnestad, who was appointed to that role in 2013.

2016: A “Game-Changing” Decision: R. V. Jordan

In December 2008, Barrett Richard Jordan was charged for his role in a drug trafficking operation in British Columbia. After waiting over four years, his trial ended in January 2013. Jordan brought an application under s.11(b) of the Canadian Charter of Rights and Freedoms. Among other things, s. 11(b) provides: “Any person charged with an offence has the right…to be tried within a reasonable time.” He sought a stay of proceedings due to the delay. The trial judge dismissed the application and Jordan was convicted. The Court of Appeal dismissed the appeal. However, the Supreme Court of Canada – in 2016 – allowed Jordan’s appeal, set aside his convictions and entered a stay of proceedings. The Supreme Court of Canada also created a new framework for applying s. 11(b) in criminal proceedings which, together with the reasons set out in the case, established R. v. Jordan as a “game changing” decision in the criminal world, “sending tremors through the Canadian legal system.”[3] Recognizing that delay in bringing criminal proceedings to an end undermines public confidence in the criminal justice system, the Supreme Court of Canada imposed new time limited “presumptive ceilings” on reasonableness in terms of the right to be tried. This was done with the goal of getting all participants in the criminal justice system, including courts, focused on eliminating delays.

The work of judges and justices of the peace of the Ontario Court of Justice was profoundly impacted by Jordan. This summary provides an overview of its impact on the Court.

The new framework set out in Jordan prescribed a “presumptive ceiling” of:

1. 18 months for cases going to trial in provincial courts like the Ontario Court of Justice, and
2. 30 months for cases going to trial in superior courts or provincial courts following a preliminary inquiry.

The “clock” for calculating delays starts when the accused is charged with a criminal offence. If the delay from the charge until the actual or anticipated end of the trial exceeds the ceiling the delay is “presumptively unreasonable.” Further, the public should expect that most cases should and will be resolved before reaching that presumptive ceiling. A stay of proceedings is the minimum remedy for a breach of the right to a trial within a reasonable time because the court has lost the jurisdiction to proceed. In “exceptional circumstances,” however, delay may exceed the presumptive ceilings. Generally, those circumstances include discrete events (a medical emergency, for example) or the case is particularly complex. Prior to the decision in Jordan, determining unreasonable delay required a judge to take a case-by-case approach – not a mathematical determination as set out in Jordan, but a judicial determination.[4][i]

The Court’s Response To R. V. Jordan – Education Delivered

Fortunately, the Court was well prepared for the impact of the Jordan decision but there was still much to be done, and the work commenced immediately. The Supreme Court of Canada rendered its judgment in Jordan on July 8, 2016, but the Court had already delivered its first education on the topic of effective case management – one of the key concerns in the case – in February 2016. The workshop, entitled “Managing Judicial Pre-trials,” has the goal making case management more effective in line with the Judicial Criminal Pre-trial Best Practices document which the Court introduced in 2015. The Court set about educating as many judicial officers as possible with the goal of not only reducing trial collapse rates but also reducing trial continuations.

According to Chief Justice Maisonneuve, “the Supreme Court explained in Jordan the ‘the public should expect that most cases can and should be resolved before reaching the presumptive ceiling’ and that coincides precisely with the objectives of our Court’s JPT Best Practices document.”

Education programming concerning case management issues has continued to be delivered on an ongoing basis to both judges and justices of the peace.

An Increase In The Judicial Complement

In response to Jordan and illustrating a strong commitment to timely justice, the provincial government announced funding for an addition of 13 judges to the judicial complement of the Court.

The Court’s Response To The Delivery Of The Truth And Reconciliation Report

Between 2007 and 2015, the Government of Canada initiated the Truth and Reconciliation Commission (TRC), where those on the Commission travelled to all parts of Canada to hear from witnesses and to educate people about the history and legacy of the residential school system in Canada. [5] In December 2015, the Truth and Reconciliation Commission (TRC) released its final report, including 94 Calls to Action – actionable policy recommendations – meant to implement policy changes intended to improve life for Indigenous peoples in Canada and dismantle systemic racism.

The Calls to Action referred to education of lawyers and law students to ensure systemic racism is permanently dismantled through skills-based training on subjects including intercultural competency and racism. Although not specifically referring to the education of members of the judiciary, the Ontario Court of Justice paid close attention to the Calls to Action and, as a result, expanded its existing education concerning Indigenous issues.

In June 2016, the first Indigenous Issues Conference was delivered to judges. The learning objectives for that inaugural program included “determining how to develop specific court initiatives that promote just treatment of Indigenous persons.” Similarly, justices of the peace, led by the Senior Indigenous Justice of the Peace, continued to provide education on Indigenous issues and augmented that programming to reflect the Calls to Action.

Views Of The Child Reports – A Pilot Project

The Ontario Court of Justice partnered with the Superior Court of Justice, the Office of the Children’s Lawyer and the Law Foundation of Ontario, on the Views of the Child Project. This project, which was piloted in 2016 in several Ontario Court of Justice and Superior Court of Justice locations, served to give children who are directly affected by cases in which their families are involved a voice in those proceedings. The results of this will be highlighted in the 2017 section.

Modernization Initiatives – Introduction Of Technology

Much of the Court’s work in 2016 involving modernization involved the introduction of technology into criminal court processes, including, for example, the implementation of an electronic scheduling tool for trials conducted by judges – a significant response to Jordan and the push to ensure that trial scheduling processes were both robust and efficient. An e-intake process, designed to permit the Court to receive informations and to confirm or deny process electronically was in the process of development. The Court also began collaborating with the defence bar and correctional facilities on an electronic initiative designed to allow defence counsel to meet with their in-custody clients remotely.

2017: A Significant Decision On The Topic Of Bail: R. V. Antic

The Supreme Court of Canada took the opportunity in their judgment in R. v. Antic[6]— delivered in June 2017 – to clearly state and clarify the principles and guidelines that should be adhered to when applying the bail provisions set out in the Criminal Code. This decision – written in instructional detail about the law of bail, the presumption of innocence and the ways in which the law is to be applied – had a significant impact on the education delivered to justices of the peace building upon and reinforcing previous educational initiatives. Justices of the peace hear the majority of bail hearings in the Ontario Court of Justice.

Kevin Antic was arrested and charged with several drug and firearms charges. He was originally denied release at his bail hearing and sought review of that detention order. At a bail review application, the bail review judge ordered Antic’s release with a surety and a cash deposit of $100,000. In this complicated case, the Supreme Court of Canada allowed Antic’s appeal of the cash-plus-surety release order, replacing it with a cash-only release order since Antic had already posted the cash deposit of $100,000.

Why is this case so important? The Supreme Court of Canada decided that this particular case would be their opportunity to clarify the law of bail, strongly reminding all participants in the justice system, including judicial officers, that accused persons are presumed innocent at the pre-trial stage of the criminal process. The right not to be denied reasonable bail without just cause is an essential element of an enlightened criminal justice system. “That right has two aspects: a person charged with an offence has the right not to be denied bail without just cause and the right to reasonable bail.”[7]

The Supreme Court of Canada took care to review the specific principles and guidelines that should be applied in a contested bail hearing and also commented that the judge’s errors in this case under appeal “appear to be symptomatic of a widespread inconsistency in the law of bail” – pointing to the dramatic increase in remand populations and the denial of bail in the Charter era.”[8] The Court also pointed out that, while the law of bail applies uniformly across the country, it appears that courts ware applying the law differently in different provinces and territories. The Supreme Court of Canada concluded: “It is time to ensure that the bail provisions are applied consistently and fairly.”[9]

All of the Court’s justices of the peace received educational programming on the application of the law of bail in light of Antic at their fall conferences in 2017. This education – focusing on the Supreme Court of Canada’s decision in Antic – was the centrepiece of those fall conferences and education on the subject of bail has continued to form a significant element of the continuing education for justices of the peace.

Comments Upon The Benefits Of Views Of The Child Reports

The Views of the Child Reports pilot project was beginning to yield positive results in 2017.[10] The pilot project focused on the creation of reports for parenting disputes over custody or access prepared by clinicians based on two interviews with each child involved in the dispute. The majority of professionals (including judges) and parents involved with the pilot project stated that having these reports of children’s views and preferences was helpful for the resolution of the cases. Almost half of the cases settled shortly after preparation of the report, and many judges and parents’ lawyers remarked on the value of the reports for promoting settlement. Most significantly, the children all stated that they appreciated the opportunity to share their views.

Electronic Scheduling Program Pilot – Steps Toward Modernization

Introduced in 2016, the Electronic Scheduling Program pilot for use by Trial Coordinators continued throughout 2017. The Court worked to finalize the electronic judicial scheduling tool. The tool was tested in four court locations with the plan to expand province wide in future years. The tool proved to be a significant asset in allowing the judiciary to more effectively schedule judicial, courtroom and interpreter resources across the province. The tool was designed to replace the cumbersome and antiquated paper-based scheduling system used by Trial Coordinators across the province with an electronic system that could immediately notify judicial officers and parties of trial schedules and any changes to those schedules. Further, the tool would have the additional benefit of standardizing the scheduling practices across the province.

2018: Continuing Steps Toward Modernization Of The Court

The impact of the Jordan decision was still top of mind within the justice system. Continuing to improve access to justice and efficiencies within the system was a clear priority for the Court and the Ontario Court of Justice Criminal Modernization Committee.

The Justice Video Strategy began in earnest in 2018 to equip Courtrooms and provincial institutions to conduct pre-trial appearance (bail, guilty plea, and case management) via video. The pandemic highlighted the need for video to be in place. Unfortunately supply chain challenges during the pandemic caused significant delays with the delivery and installation of video equipment in court location and institutions across the province, but as of the time of this e-history (2025), the strategy is fully underway.

In the fall of 2018, the Electronic Scheduling Program was expanded to two additional courts – Thunder Bay and Brampton. These courts were selected given their unique scheduling needs and challenges. Brampton had the biggest caseload in the province. Thunder Bay serves many satellite and fly-in courts which added scheduling complications for the Trial Coordinator and all parties involved in matters before the court.

Annual Seminars For Indigenous Justices Of The Peace

For more than 30 years, the Court has offered annual seminars for justices of the peace who self-identify as Indigenous. The seminars are convened by the Court’s Senior Indigenous Justice of the Peace. In 1985, when the seminar series was introduced, it was named “Native Justice of the Peace Program.” The seminar series was renamed “Indigenous Justice of the Peace Program” and is “an annual three day cultural and educational experience that includes a mix of substantive legal issues and other non legal issues relevant to Indigenous justices of the peace. Opportunities for sharing and learning focus on expanding the participants knowledge beyond their current cultural awareness by creating a space in which they can learn more about the diverse Indigenous people that reside in Ontario and Canada. As there is no one pan-indigenous Canadian experience learning about the history and the current circumstances of the indigenous communities assists in broadening our understanding and appreciation of how such might impact access to justice. To ensure that participants have an opportunity to connect with each other in a shared culturally safe way attendance is limited to members of the bench who identify as indigenous”. [11]

Introduction Of New Mentoring Program For Judges

A new mentoring program was introduced for judges as a way to give all new members of the Court the ability to access the collective wisdom, experience and culture of the bench – while reinforcing the critical concepts of judicial independence and ethical responsibilities of all judicial officers. This renewed program built on previous programs and informal mentoring which had always existed amongst the judicial officers of the Court. In addition, the formal mentoring program for justices of the peace which has been in existence for many years was also referred to when developing the renewed program for the judges. The new program for judges rejuvenated formal mentoring for these judicial officers and involved extensive training for judicial mentors before they were paired with new judge/mentees. The new program was developed and continues to be supported by the Chief Justice and the Association of Ontario Judges.

2019: Enactment Of Bill C-75 – Amendments To The Criminal Code

Education concerning legislative changes is also incorporated into the education all judicial officers receive. One significant example: Bill C-75, enacted on June 21, 2019, it served to amend the Criminal Code and the Youth CriminalJustice Act. Among other things, it served to modernize and clarify bail provisions, expanded judicial case management powers, and provided measures to reduce criminal justice system delays. Both benches received education on Bill C-75 and the ways it would impact their work and decision making.

The Establishment Of The Ontario Court Of Justice Indigenous Initiatives Advisory Committee

The Court formalized the establishment of an Indigenous Initiatives Advisory Committee of judges and justices of the peace to give advice to the Chief Justice on initiatives that could further the work of the Court on issues relating to Indigenous peoples who attend our Court. The Committee’s formation recognized the spirit of reconciliation encouraged by the Truth and Reconciliation Commission’s Calls to Action and the Calls to Justice in the Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls. The mandate is to continue the work the Court has already started, including the development of the Eagle Feather and Indigenous Ceremonial Objects Policy and the Guidelines to Respond to Proposals for Gladue Courts and Indigenous Justice Systems, as well as a smudging protocol. Further, the Committee was to develop an appropriate and consistent approach to share information about Indigenous justice conferences, meetings and educational resources, and Indigenous Peoples/Gladue Court best practices with members of the judiciary.

The Establishment Of The Ontario Court Of Justice Equity And Diversity Committee

The Court also formalized the establishment of an Equity, Diversity and Inclusion Committee of judges and justices of the peace to give advice to the Chief Justice on initiatives to enhance and promote equity, diversity, and inclusion. The mandate is to assist in the enhancement of internal equity-centred educational and legal resources that support and foster both independent decision-making and the fair administration of justice for both judges and justices of the peace. The committee was also to make recommendations on initiatives to further support an inclusive and welcoming judicial working environment and to conduct a jurisdictional review of equity-based initiatives from other jurisdictions.

Provincial Rollout Of Electronic Scheduling Program

Provincial rollout of ESP began in spring 2019.

Appointment Of A New Associate Chief Justice

The six-year term of Associate Chief Justice – Coordinator of the Justices of the Peace Faith Finnestad concluded in September 2019. During her tenure, she occupied influential roles on the Court’s administrative tables, travelled extensively across the province, managed the Court’s per diem program and was a strong voice for the justices of the peace. Justice Sharon Nicklas, former Regional Senior Judge for Central West, was appointed as Associate Chief Justice – Coordinator of Justices of the Peace to commence her term in September of 2019.

2020: Covid Arrives On The Scene

As former Chief Justice Lise Maisonneuve said often during the pandemic: “With every crisis comes an opportunity.” COVID served to change the landscape of the Ontario Court of Justice. Fast-paced initiatives included embedding Zoom hearings into criminal, family and provincial offences Courts, creating new rules and practice directions, implementing e-filing, e-signatures, e-waiting rooms, e-document management and “Enhanced Designations of Counsel”[12] – to name a few. Throughout the first difficult year of COVID, the Court’s judiciary was able to ensure that the people and families of Ontario continued to have access to its services from the very outset of the pandemic.

COVID certainly presented an enormous challenge to a tradition-bound, paper-based and technologically cautious court system. However, three significant things combined to ensure the people of Ontario continued to be served by the justice system:

1. All three levels of courts in the province collaborated extensively to ensure the courts were able to provide access to the public. The benefits of the Ontario Court of Justice working together with the Court of Appeal and Superior Court of Justice were never more important and significant. The three courts’ longstanding commitment to working collaboratively allowed them to develop new ways of delivering justice.
2. Collaboration extended beyond that of the three courts in the province. The Ontario Court of Justice Criminal Modernization Committee — which was created in 2015 and brought senior criminal justice partners from across the system together to identify modernization and priorities – was a necessary component of the justice system’s ability to manage the challenges of COVID. Its creation five years before the arrival of COVID was prescient because many of the issues which were created when the Courts had to close where able to be dealt with by the groups represented at the Crim Mod table working together. Those groups included: Ontario Association of Chiefs of Police, the Ministries of the Attorney General, Solicitor General and Correctional Services, Children and Youth Services, Public Prosecution Service of Canada, Criminal Lawyers’ Association of Ontario and Legal Aid Ontario. This committee was able to tackle issues that crossed all of their jurisdictions, including defence remote access to in-custody accused persons, remote appearances of accused persons, and all the initiatives that would allow for end-to-end video processes within the criminal justice system. As former Chief Justice Maisonneuve explained: “The Committee laid a solid roadmap for many of the solutions that have taken form in response to this crisis. The pandemic highlighted the efforts of the Committee – demonstrating the heightened importance of its work as we now realize that virtual processes and proceedings have become an integral and lasting part of the criminal justice system.”[13]
3. The Court’s own modernization projects – many of which had been launched years before the pandemic arrived – provided a foundation for the rapid change necessary to keep the justice system functioning and providing access for criminal and family matters. Two examples follow:

• e-Intake: e-Intake allows police officers to securely file documents electronically for a judicial officer to review and approve before electronically returning the approved document to the police. It is a critical step in making the justice system paperless and one the Court had been trying to implement for at least five years before COVID.
• Remote hearings: Zoom was quickly adopted as the platform for remote hearings – this was a huge leap forward for the Court. Although some expressed anxiety over the security of using Zoom for court hearings, those issues were addressed, and Zoom was well-received by the judiciary and family, criminal court and provincial offences court users.

With both the development and introduction of so many changes to processes and practices of the Ontario Court of Justice, there came the need for the creation of court protocols explaining the changes to court users and education for members of the judiciary on those changes. Extensive training was offered to both judges and justices of the peace on utilizing Zoom to permit remote hearings. Court staff prepared information documents – posted on the Court’s website – about accessing remote hearings and the new protocols the Court had introduced. These support documents proved particularly necessary and useful for self-represented litigants who required access to the justice system.

This vast amount of change was managed by a number of new Court committees, comprised of judges and justices of the peace, and designed to manage the collection of issues COVID brought to the forefront. They included committees on remote court proceedings (guides, legal issues and the open court principle), self-represented accused persons and the impact of COVID, self-represented family litigants and the impact of COVID, scheduling for resumption of trials, special bail hearings, to name a few. The Court also recognized the need for – and remained committed to providing – in-person court proceedings, understanding that not all participants in matters before the Court have access to technology.

As former Chief Justice Maisonneuve explained in September 2020: “The radical changes forced upon us by the pandemic have caused profound and unprecedented disruption. The challenges to the foundations of our society have, however, reinforced how essential a strong, fair and effective justice system is to the continuing health of our province and all the people we serve. The pandemic may have exposed some flaws in our justice system, but it has equally revealed the possibilities for repair, improvement and progress. Many of the new processes and procedures introduced represent efficiencies that will serve to improve the justice system going forward and should continue in place once the pandemic is behind us.”[14] From crisis comes opportunity.

2021: Covid Continues To Impact The Work Of The Court: Modernization Initiatives Pick Up Speed

Not only did the pandemic put a significant strain on the physical and mental health of many in the province, but it also highlighted the inequities that the most vulnerable people in society face. Throughout the challenges placed on it during the pandemic, the Court worked diligently to lessen those inequities as it moved to modernize. The Court recognized and reiterated that while virtual proceedings increase access to justice for many, for others – including those who do not have access to technology – virtual hearings are not a viable means to have their cases adjudicated. The Court emphasized that it remained committed to providing in-person appearances, in appropriate cases, to provide meaningful access to justice for all.

As COVID restrictions were extended throughout 2021, the justice system continued to adapt to new technologies that facilitated necessary remote hearings and processes. This was a remarkable transformation given, until March 2020, the Court relied upon an almost entirely paper-based process with in-person attendances. The Court was able to move to conducting proceedings virtually not only in bail, remand, and plea courts, but also in preliminary inquiries, in criminal and family trials, and in Child, Youth and Family Services Act proceedings. Remote trials also recommenced in many provincial offences courts.

The accelerated expansion of electronic initiatives intended to increase efficiency and reduce the need for in-person attendance at courthouses continued in 2021. For example, as a result of the eHub, eTelewarrant, eIntake and the eReports to Justice initiatives, criminal charges could now enter the court system electronically rather than police having to appear in person before a justice of the peace with paper documents.

Another significant and long overdue innovation was the establishment of virtual case management courts for criminal cases. The days when an accused person or their counsel was required to travel for a five-minute court appearance that could be addressed just as meaningfully by video were eliminated by virtual courts. Another initiative that was introduced in 2021 was the Ontario Court of Justice Bail Protocol. This protocol addressed the transition to virtual proceedings and ensured that bail hearings are dealt with in a timely, just and effective manner.

In the family law realm, the judiciary adapted quickly to new technologies to ensure that family litigants were able to have meaningful access to justice at a time when families faced new and unprecedented challenges because of COVID lockdowns and public health restrictions. Family rules were amended to enhance the Court’s authority to hear all or any part of a case using telephone or video technology. Further, Rule updates enhanced e-filing of documents.

Beginning in November 2021, the Court began implementing a cloud-based, document sharing program in some family matters. Originally called CaseLines, the name changed to Case Centre as the project of implementing it in family courts progressed. Case Centre allowed parties to upload, store, review, search, mark-up, share and present documents virtually.

ESP Lands

The Electronic Scheduling Program, which was originally piloted in 2016, was fully rolled out across the province by Spring 2021. This despite a temporary halt in the roll out due to the pandemic.

Recognition Of National Day For Truth And Reconciliation

Following the federal government’s legislation in June 2021 to introduce a National Day of Truth and Reconciliation annually observed on September 30, the three Chief Justices of Ontario announced that all Ontario courts (other than courts required for necessary operations) would be closed on September 30, 2021, to mark that day. This was an historic opportunity for all Ontario courts, including the Ontario Court of Justice, to reflect on the legacy of residential schools and the ongoing impact on Indigenous communities so deeply affected by the residential school system. The three courts have continued to close on September 30 to mark National Day of Truth and Reconciliation.

Justice Centres – Four Pilot Projects

The Court worked together with the Ministry of the Attorney General and community partners to launch three pilot Justice Centres in Toronto Downtown East, Northwest Toronto, and London – with a fourth to come in Kenora in 2023. Justice Centres have the goal of effectively delivering justice to the most vulnerable and marginalized populations in Ontario’s communities. They hold individuals accountable for their offences while connecting them to services (such as health, mental health, addictions, housing and employment supports) that reduce the risk of re-offending and support communities and victims harmed by crime.

Growing Backlog – As The Court Enters 2022

During 2021, the Court experienced an extra 60,000 criminal cases added to its backlog. A backlog also existed in Provincial Offences court. While the number of family matters in case management court had been reduced, a concerning backlog in family trial matters remained.

The Court worked steadily to address pandemic-related trial backlogs in criminal, family and Provincial Offences Act courts. A number of initiatives were identified to reduce the criminal case backlog. These initiatives included judge-led case management courts; an increase in availability of judicial pre-trials to get matters ready for trial or resolution; and additional plea and trial courts.

In 2021, the Court also continued to consider how to reopen its satellite and fly-in courts, which were particularly affected by court closures during the pandemic. Many of these Courts in northern Ontario are reliant on-air travel by Court personnel to attend remote communities. There were significant concerns about the coronavirus being spread through arrival of Court personnel, plane and pilot shortages, as well as discussions about whether technology was an adequate way to provide justice to Indigenous communities. The Court and the Ministry of the Attorney General worked closely with communities, justice and community partners to work towards solutions.

Appointment Of A New Associate Chief Justice

In June 2021, the six-year term of Associate Chief Justice Peter DeFreitas concluded. During his term as Associate Chief Justice, he took on significant responsibilities and leadership roles on modernization initiatives, and that work was accelerated due to COVID. In particular, he worked extensively on the launch of the Electronic Scheduling Program and, as Chair of the Education Secretariat, ensured all judges were prepared to handle the many changes to their work as a result of COVID.

Justice Aston Hall who assumed his new responsibilities as an Associate Chief Justice of the Ontario Court of Justice during a critical time of transformation. Associate Chief Justice Hall previously served as a Local Administrative Judge in Scarborough, Regional Senior Judge in Toronto, and was a member of the Court’s Education Secretariat and Ontario’s Judicial Appointments Advisory Committee. Associate Chief Justice Hall was born in Jamaica and brings his experience as an immigrant and a proud Black Canadian to serve as the Court’s first Black Associate Chief Justice.

2022: The Court’s Commitment To Diversity, Equity And Inclusion Issues

The Court continued its commitment to the importance of education of its judiciary in an open, sensitive and transparent fashion relating to equity, diversity and inclusion. The Indigenous Initiatives Advisory Committee was instrumental in developing judicial education materials to assist the judiciary in reflecting on issues relating to Indigenous communities in the province, including information on land acknowledgments, as well as webinars for judiciary on September 30 of each year to better their understanding of the impact of residential schools on Indigenous peoples. Further, the Court’s internal Advisory Committee on Judicial Equity, Diversity and Inclusion worked on the development of education programming related to anti-racism issues. The focus of judicial education delivered at the 2022 Annual General Meeting of judges of the Court was diversity, equity and inclusion. Judges participated in several sessions related to unconscious bias including harmful stereotypes in the courtroom and interactive exercises to examine their identities and the way bias shapes their relationships and evaluative capacity of evidence and parties in the courtroom. This education served to deepen their understanding and awareness of discrimination based on race and gender, the lived experiences of racialized, Black and Indigenous people and the nuances involved in evaluating sexual assault cases.

Case Centre Available Across The Province

Case Centre, the electronic document sharing program used in the family court, was made available at all 30 Ontario Court of Justice locations which hear family matters. The Court also began examining whether Case Centre could be expanded to other proceedings.

Full Launch Of The E-Intake Digital Platform

The E-intake digital platform – a key element of the Court’s modernization program – was fully launched across the province. This platform simplifies the electronic criminal court charge intake processes which the Court deals with and is a major step as the Court works toward a paperless system.

2023: Kenora Justice Centre Opens

In February 2023, the Ontario Court of Justice, in collaboration with Indigenous leaders and other community partners, launched the opening of the Kenora Justice Centre. Designed with and for the Kenora community, the Justice Centre model provides a continuum of criminal and Indigenous restorative justice processes, focused on healing and the restoration of relationships for all cases involving youth and young adults (aged 12 to 24). The Kenora Justice Centre prioritizes and accelerates the use of diversion and Indigenous-led restorative justice programming, reduces overreliance on short, sharp dispositions in favour of community-based solutions, and improves opportunities for discharge planning and transitional or supportive housing. Cases are processed using a holistic and flexible approach to provide meaningful opportunities for growth and success, including support for Indigenous women and girls who have experienced or witnessed trauma and/or violence.

Both the design and space of the Justice Centre reflect a trauma-informed approach which recognizes the cycle and impact of violence and trauma, whether single-incident, intergenerational, or historical. Through its work with local community partners, Elders, and Traditional Knowledge Keepers, the Kenora Justice Centre provides Indigenous-led support programs and culturally-relevant multi-sector supports to help individuals heal from trauma. Emerging from its partnership with the Keewatin Patricia District School Board and Seven Generations Education Institute, the Justice Centre provides unique, on-site, educational supports and a classroom to promote reintegration and tailored access to education. Recently, the Justice Centre introduced an Indigenous-led Community Kitchen & Employment Skills Training Program where youth and young adults can create pathways out of the criminal justice system complemented by existing healing and wellness supports.

New Toronto Courthouse Opens It Doors

On February 28, 2023, the Ontario Court of Justice – Toronto opened its doors to the public – with judges and justices of the peace hearing matters both in-person and virtually. In 2015, the Ministry of the Attorney General and Infrastructure Ontario announced that a new courthouse would be built to bring together most of Toronto’s Ontario Court of Justice criminal courts operating across the city, except for bail matters which would continue to primarily be conducted at a Courthouse in north Toronto.

The new courthouse is described as the largest and most accessible courthouse in Ontario, with signage that is tactile and in Braille. It is 17 storeys, including 63 courtrooms, 10 conference settlement rooms[15].

There are both standard courtrooms and specialized courts for mental health, drug treatment, and Indigenous accused persons (Gladue court). The Gladue courtroom features a healing circle and is equipped for smudging ceremonies. There is also an Indigenous learning centre on the main floor, the first of its kind in an Ontario courthouse, which features interactive exhibits on injustices, truth and reconciliation, and Indigenous legal traditions.

Implementation Of Digital Information And Repository In New Toronto Courthouse

The new Toronto Courthouse was the first courthouse in Ontario to utilize the Digital Information and Repository (DIR) – a new digital solution that allows members of the judiciary and court staff to digitally store, view, and edit Information about criminal court proceedings. document and other hearing-related documents digitally. A bit of background to demonstrate the significance of DIR – prior to DIR, and still in all other criminal court locations, police upload documents to e-intake, which then goes to Court Services staff, who print copies of the charge documents, know as informations[16], which then have to be delivered to the courtrooms as required for review by judicial officers. In DIR courts, the e-Information goes to the DIR directly, bypassing the paper-based phase. Another key step in the modernization process.

Appointment Of A New Chief Justice

On May 1, 2023, the Attorney General announced the appointment of Sharon Nicklas as the next Chief Justice of the Ontario Court of Justice effective June 1, 2023. She had previously served as Associate Chief Justice – Coordinator of Justices of the Peace since 2019. Together with former Chief Justice Lise Maisonneuve, former Associate Chief Justice Peter DeFreitas and Associate Chief Justice Aston Hall, Chief Justice Nicklas had been instrumental in guiding the Court through the years of COVID, making her intimately familiar with the challenges of modernizing court technologies and the enormous advances and differing impacts of the COVID-related transformations to the Court.

A Newly Appointed Chief Justice Sets Out A Vision For The Court – At The Crossroads

Chief Justice Nicklas began her first opening of courts speech[17] on September 28, 2023, by acknowledging and thanking former Chief Justice Maisonneuve for her contributions to the Court during her tenure as Chief. In her speech, Nicklas focused on where the Court was currently situated – the challenges of the pandemic had been considerable, and not behind the Court:

“We are at a crossroads now. The worldwide public health crisis was a challenge for all sectors of society. The Ontario Courts met that challenge with a robust response. However, the time is right to think about where we go to ensure that we have the public’s trust in our system. The shift to virtual work for health and safety reasons revealed that it could be advantageous to access justice using technology. Still, we also see that the changes this brings may not always lead to timely justice, when there is less personal attention to individuals, their cases, and the often-challenging human and societal issues those matters present us with. We must work together to build a dynamic justice system that is innovative, collaborative, and principled.”

She raised specific concerns around the various types of court work performed by the Ontario Court of Justice. Pertaining to criminal court work, concerns about addressing marginalized communities, including those dealing with addiction and mental health issues, continue. As of 2023, four Justice Centre pilots and a range of specialized criminal courts focused on the needs of some marginalized communities. However, concerns continue about how the Court might better serve all those who come before it from marginalized communities, particularly where there is no specialized court or Centre to address their case. Chief Justice Nicklas committed to working in close collaboration with all criminal justice partners making the Courts and the justice system as transparent as possible to ensure the legitimacy of and confidence in the system of justice.

Family courts faced similar challenges. The Court recognized that virtual hearings (often the only option during the early days of the COVID pandemic) are not always the most effective way of achieving a thoughtful and appropriate settlement in family cases. This despite the fact that in remote communities, particularly in the North, virtual hearings allow people to participate more easily in the court process. To that end, Modes of Appearances in family matters were amended in 2023 to allow for differences between northern and southern Ontario so that families can achieve meaningful settlements in a timely fashion in all parts of the province.

Provincial Offences Courts, where Justices of the Peace preside over traffic and other regulatory matters, have strived to be very flexible in offering in-person and virtual options to defendants, counsel, and witnesses – with the goal of consistency in practice across all municipalities going forward.

Working Across The Justice System To Reduce Criminal Court Backlog

The Ontario Court of Justice Criminal Modernization Committee continued in 2023 – as it had since 2015 – to be a critical forum. It met monthly in 2023 – with the principal leaders of all justice sectors present – for comprehensive discussion on areas of urgent need. This Committee was responsible for hosting a Criminal Case Management Forum in September 2023 for over 100 people, including the regional leaders in all justice sectors of all seven Regions across the province, discussing ideas for change in relation to backlog, case management and changing the culture of bail.

Addressing The Backlog – A New Practice Direction

On November 1, 2023, a new practice direction, Jordan Compliant Trial Scheduling, was introduced to address the backlog in criminal courts. Under this Practice Direction, the Court will now only offer trial dates expected to result in the matter being completed within 15 months of the date of the charge so that the case is completed before there is concern for unreasonable delay. To achieve this goal, cases are to be set for trial within six months of the charge being laid. Counsel in 29 sites are also given 12 weeks to complete their preliminary steps on a file without coming to Court. Further, the Court added a provincial virtual judicial pre-trial team to help where needed.

Updated Education Plans For Judges And Justices Of The Peace – Focus On Programming Related To Modernization Initiatives And Social Context Education

The plans outlining the goals and objectives of educational programming for the judges and justices of the peace are statutorily mandated and publicly available. Both the education plans were fully updated in 2023.[18] While education concerning modernization issues had for many years been part of the programming offered to the judiciary, the onset of the pandemic increased the education offered on the new procedures introduced during the pandemic and the ways to utilize technology that arose as a result of moving many court proceedings online – and, most importantly, to continue to ensure access to justice to those the Court serves.

Both education plans emphasized the continual need to provide and update educational programming for the judiciary on social context issues relating to equity, diversity, and inclusion as addressed in programming which includes topics such as cultural competence, awareness of unconscious bias, domestic violence, sexual assault law, anti-Black and Indigenous discrimination and racism and the experience of vulnerable populations that are over-represented in the criminal justice system.

The Court also marked the Black History Month with the production of well-received videos – as part of a renewed focus on judicial education on Black history and anti-Black racism.

2024: Celebrating 35 Years Since The Inception Of The Ontario Court Of Justice

It is both fitting and appropriate that this overview of major changes spanning 2015 to 2024 should conclude as the Ontario Court of Justice celebrates 35 years since its inception.

In her Opening of Courts speech, delivered on September 23, 2024, Chief Justice Nicklas began by crediting the first four Chief Justices of the Ontario Court of Justice – Sidney Linden, Brian Lennox, Annemarie Bonkalo and Lise Maisonneuve – for their contributions and ongoing support to the Court. She also provided a snapshot of the achievements of the current Ontario Court of Justice:

Our Court now presides over approximately 98 percent of the criminal court work in the province, conducts family court in 25 jurisdictions, and hears all provincial offences matters in the 56 independent municipal courts,

“Our Court now presides over approximately 98 percent of the criminal court work in the province, conducts family court in 25 jurisdictions, and hears all provincial offences matters in the 56 independent municipal courts, where our Justices of the Peace preside over cases governed by over 100 different statutes. Our Court is highly regarded thanks to the foundations laid by these four leaders and all judiciary and justice partners who have been part of our Court. Ontario is the largest province by population, and we are the largest provincial Court with 329 judges and 348 Justices of the Peace, plus 145 per diem retired judiciary who assist. We have 56 base courts and 70 satellite courts serving 29 fly-in communities. We schedule into 680 courtrooms. I was reminded not long ago when in Kenora, that the Rainy River/Fort Frances/Kenora district – the Northwest of the Northwest Region of our province – is the size of Sweden. We hold Court in the modern, state-of-the-art 10 Armoury Street courthouse in Toronto, as well as Legion Halls and hockey arenas in northern Ontario.”[19]

A First – The Court Has A Vision Statement

Through consultations with justice participants in all seven regions, the Court developed its first vision statement:

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.

The statement applies to all matters the Ontario Court of Justice oversees, including criminal and family cases and provincial offences matters, and serves as the underlying foundation for future strategies and work, including the transformation plan. The statement reinforces the fact that the Ontario Court of Justice is deeply committed to improving the experience of the people impacted by the justice system. It focuses on the values of fairness and inclusivity, timeliness and accountability, accessibility and independence.

To meet the needs of the public and to meet this vision and values, the Court continues to offer comprehensive education to an already highly accomplished judiciary, including relating to sexual assault law, intimate partner violence, coercive control in intimate partner and family relationships, and social context, which includes systemic racism and systemic discrimination.

With this new vision statement, the Court moved beyond a position at the crossroads and into a full sprint.

What does this vision statement mean in practice for the Court? Here is one example: despite the best intentions of those working in the justice sector who are deeply committed to fairness and justice, processes have been developed that add time and are cumbersome. There is also an overall lack of proportionality in procedures, with cases generally being treated the same and proceeding in the same manner regardless of their complexity, seriousness, and the needs of the individuals involved. Collectively, cultures have resulted in delays and inefficiencies in the criminal court system and have also been linked to the overrepresentation and over-incarceration of vulnerable and marginalized individuals, particularly Indigenous peoples and racialized groups.

To combat these delays and inefficiencies – and in keeping with the Court’s vision statement – the Court’s goal for work within criminal courts in 2024-2025 focused upon four zones:

They are:

1. Changing the culture of bail by creating guiding principles and focused parameters that include providing bail hearings as soon as the parties are ready, streamlined processes, and meaningful access to counsel and service providers outside of court time.
2. Introducing tailored case management or “streaming,” which includes giving more attention to serious matters and those in custody. The goal is the expeditious disposition of simple cases and the rapid identification of more complex cases likely to require more counsel time and judicial attention, giving them early focused judicial engagement. As many more people who are not represented by a lawyer enter the system, the Court created an “Unrepresented and Self-Represented Accused Persons Working Group” involving multi-organization collaboration to improve information sharing and guidance.
3. Establishing a “Community Court Hub” approach across the province at all base court locations, to address the needs of overrepresented populations and to provide enhanced agency support to those experiencing intersectional challenges. This person-centred approach for all individuals involved in the criminal justice system, including victims and survivors of crime, as well as individuals from vulnerable and marginalized communities has the potential to promote accountability and improve public safety and community well-being. This approach to justice contemplates readily available and easy access to important social and legal services within courthouses across the province so that, regardless of whether the matter proceeds by way of a guilty plea, diversion or a trial, individuals coming before the court will have access to the community support they need to establish and strengthen community connections to minimize the risk of re-offending.
4. Additional measures to combat court delays that build on the 2023 Jordan Compliant Trial Scheduling Practice Direction by focusing on having police disclosure, Crown review of files and pre-trials completed in six months and trials finished by at least 15 months from the charge date. In v. Jordan, the majority of the Supreme Court of Canada noted that for the culture of delay and complacency to be addressed, all stakeholders in the criminal justice system must make significant efforts that must also be coordinated.

A Variety Of Case Management Initiatives – The Sprint Continues In Family Courts, Provincial Offences Courts And Criminal Courts

The Court committed – as a key element of its vision statement – to ensuring that court appearances are meaningful, and that time spent by all working in the justice sector involves meaningful engagement. For all justice participants, particularly the most vulnerable, there is an urgent need to create justice system stability, which is focused on improvements that are user-focused, with a reduction in the number of appearances and the time to disposition. This goal stretches across criminal, family and POA matters.

Criminal Case Management Forums: In spring 2024, the Court held regional criminal case management forums for all principal justice participant leaders in all base courts in the seven regions to receive their views on backlog reduction strategies, transforming case management, and innovative approaches to bail. Hundreds of people participated in eight separate meetings, visiting two places in the Northwest Region separately—Thunder Bay and Kenora. Key learnings including the sharing of many significant Indigenous cultural practices. These forums will become annual events in the spring.

Family Case Management Forums: The Court has plans to head out in the spring of 2025 to the five regions where the Ontario Court of Justice does family law and will hold case management forums there as well. The goal will be both establishing best practices and better serving families in Ontario.

Provincial Offences Management Forums: The Court’s 56 Provincial Offences Courts will also be involved in Provincial Offences case management forums in each of seven regions in the spring of 2025 to ensure that they are also part of our collaborative change and scheduling well before concerns exist about delay.

Equity, Diversity And Inclusion Initiatives

In April 2024, the Court released a Notice to the Profession and Public regarding introductions and communication of pronouns by lawyers, paralegals, or any party or witness at the beginning of any in-person, virtual or hybrid hearings.

On June 21, 2024, summer solstice, the Court’s internal Indigenous Initiatives Advisory Committee released a new smudging policy for the judiciary, encouraging the facilitation when requested at court proceedings for this traditional practice of some First Nations peoples that involves the burning of medicines, most commonly sweetgrass, cedar and sage. This practice creates a positive mindset and space for those participating, fostering mutual understanding and respect and can contribute to advancing the shared commitment to reconciliation.

Additions To Complement

In May 2024, the government announced funding for the Court that included at least 25 new judges. The Court identified the locations for those new judges to address the most significant criminal case backlog.

A Review Of Specialized Courts And Justice Centres

The Court initiated a review of its 60 specialized courts and four justice centres where they have a circle of community support to address vulnerabilities and reduce recidivism. This community of courts – drug treatment, mental health, and wellness – has more demand now, and the Court recognized the need to be more expansive in its approaches and in its engagement with community agencies. Many people in and out of custody have significant challenges, and the Court continues to be committed to working together to build a more dynamic justice system that is innovative, collaborative, and principled.

1. See a complete version of this speech at: https://www.ontariocourts.ca/Ontario Court of Justice/reports-and-speeches/2015oc/ [↩]
2. For more information on this topic, see the Ontario Court of Justice website: https://www.ontariocourts.ca/Ontario Court of Justice/notices/judicial-criminal-pre-trial-best-practices/ [↩]
3. R. v. Jordan, 2016 SCC 27. See Sean Fine, “Courts shaken by search for solution for delays,” The Globe and Mail (June 8, 2017), online: www.theglobeandmail.com/news/national/courts-shaken-by-search-for-solutions-todelays/article34275019/ [↩]
4. R. v. Morin, [1992] 1 S.C.R. 771 [↩]
5. https://www.rcaanc-cirnac.gc.ca/eng/1450124405592/1529106060525 [↩]
6. 2017 SCC 27 [↩]
7. R. v. Antic, 2017 SCC 27 [↩]
8. 2017 SCC 27, para. 64 [↩]
9. 2017 SCC 27, para. 66 [↩]
10. Birnbaum, Rachel and Bala, Nicholas C., Views of the Child Reports: The Ontario Pilot Project – Research Findings and Recommendations (June 2017). Queen’s University Legal Research Paper No. 2017-092, Available at SSRN: https://ssrn.com/abstract=2990674 or http://dx.doi.org/10.2139/ssrn.2990674 [↩]
11. https://www.ontariocourts.ca/ocj/jprc/education-plan/ [↩]
12. The “Enhanced Designation of Counsel” is a designation of counsel appearing in criminal matters which allows an accused person to designate counsel to appear on their behalf without them appearing to have matters addressed and adjourned by the Court. It also allows lawyers and law students who are members of the designated counsel’s law firm to appear on the accused person’s behalf. The purpose of the Enhanced Designation is to reduce the need for multiple case management appearances which result in lengthy dockets in case management courts – thus eliminating a series of short-term adjournments. [↩]
13. Chief Justice Lise Maisonneuve, 2020 Opening of Courts Speech, Ontario Court of Justice, September 22, 2020 [↩]
14. Chief Justice Maisonneuve, 2020 Opening of Courts Speech, September 22, 2020 [↩]
15. “New courthouse opens in Toronto” Canadian Architect 68:02 (April 2023) 6. [↩]
16. What is an information? An information is a formal criminal charge which begins a criminal proceeding. The form of an information is prescribed by the Criminal Code. An information must be sworn by the informant, typically a police officer. The informant must then “lay the information” before a judicial officer. The information must contain an allegation that an offence has been committed, within the territorial jurisdiction of the judicial officer. The judicial officer is then required to review the information and determine if process should issue and the matter should proceed through the justice system. [↩]
17. See a complete version of this speech at: https://www.ontariocourts.ca/Ontario Court of Justice/reports-and-speeches/2023oc/ [↩]
18. The justice of the peace education plan is available at: https://www.ontariocourts.ca/ocj/files/jprc/education-plan-EN.pdf [↩]
19. The education plan for judges is available at: https://www.ontariocourts.ca/Ontario Court of Justice/ojc/education-plan/ See a complete version of this speech at: https://www.ontariocourts.ca/Ontario Court of Justice/reports-and-speeches/remarks/ [↩]