First Appearance 101: An Orientation Session

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Meaningful First Appearances is one of the JOT Initiatives to increase the speed and effectiveness of criminal courts at the local level. It includes measures to ensure more can be accomplished in court starting with the first appearance.

Imagine a courtroom where both the prosecutor and the defence counsel face and address members of the public gallery instead of the Judge or Justice of the Peace.

In 2009, local leaders at the Ontario Court of Justice in North York developed a First Appearance "orientation session" model that has been adapted by several other courts of similar size across the province . A n hour-long orientation session is held in the courtroom before court is officially in session. Representatives from the Crown Attorney's office and Duty Counsel take turns explaining what will happen and encouraging people facing charges to better prepare.

Duty Counsel, Sylvie Doiron, offers to meet privately with anyone who has not yet retained legal counsel. She describes how to apply for legal aid. A member of the Crown's Office ensures everyone in the audience has their disclosure - the information prepared by police, reviewed by Case Management Crowns and available to accused and Defence Counsel at first appearance court.

A charge screening form that people can pick up with their disclosure shows whether or not they qualify for Direct Accountability. Eligible candidates are directed to an office in the courthouse where a Community Justice Worker describes the program and possible alternative sanctions are discussed.

Deputy Crown Attorney Joe Callaghan notes, "The time spent during the information session directing accused persons to various resources, including to the direct accountability workers, helps to ensure that eligible accused actually make the connections and take advantage of the programs in a timely fashion."

He adds, "Many of the individuals in first appearance court have never been to court before. In our view, taking the time to explain the court process, which includes the responsibilities of people facing charges, means they are better able to make decisions and take necessary steps sooner."

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