Backgrounder

May 27, 2009

del.icio.us  Digg  Facebook

Local teams working in the Ontario Courts of Justice Action Sites in Newmarket, North York and London have identified seven initiatives to improve the speed and effectiveness of Ontario’s criminal justice system. The details of how and when the following initiatives will be implemented will be decided at the local level and may look different from site to site.

The seven initiatives are:

On-Site Legal Aid and Simplified Online Application Process

There are 26 on-site Legal Aid offices operating as part of an expansion announced last year when Attorney General Chris Bentley first launched the Justice on Target strategy.

Now, Legal Aid Ontario has developed a Simplified Online Application Process (SOAP) that can cut the application process time for clients who qualify. This simplified system has been implemented at the Action Sites. In addition, the sites are considering ways for Legal Aid Ontario staff to provide timely information about application status during proceedings as a way to further counter any delays related to whether an accused has qualified for Legal Aid.

Two-Stage Disclosure

"First appearance disclosure" will be provided within a specific period of time after a charge has been laid.  "Trial disclosure" will include more detailed material and will be provided if and when the case is sent to trial.

The purpose of first appearance disclosure is to give Defence Counsel and the accused enough information to consider whether the matter should proceed to trial.    

This approach provides that every case gets the time it needs with more resources available for cases that need them. 

Meaningful First Appearances

Justice participants will agree on specific activities to accomplish before or at the first court appearance.  For example:

• The case has been screened by the Crown
• First appearance disclosure has been shared with the Crown and Defence Counsel
• The accused has completed a Legal Aid application, if appropriate.

Three-Appearance Standard

The Crown and Defence Counsel will work together to commit to a standard of three appearances, after which most cases should be either set down for trial or otherwise resolved.  Under this initiative, clear expectations of what is to be accomplished at each of these three court appearances will be set, with flexibility built in for more complex cases.

Statistics show – and the people who work in our courthouses every day report – that some straightforward cases often spend as much time in the court system and command as much of the province’s justice resources, as the most serious, complex cases.

Crown Access Commitment

Commitment by the Crown and Defence Counsel to be available and ready to discuss resolution of a case early in the process.

It will be up to the Defence Counsel to contact the Crown to set up the discussion.

Increased Availability of Plea Courts

At some locations, plea courts are scheduled only at a certain time of the day or on certain days of the week.  The commitment to help ensure plea courts are consistently available has been identified as an opportunity to avoid adjournments and delays.  This approach will address delays caused by accused not being able to make a plea when they are prepared to do so. 

Direct Accountability

Strict new guidelines province-wide for entry to, and completion of, Direct Accountability programs in order to allow justice resources to be focused on the cases that need the most time and effort.  The guidelines will also ensure that these measures are taken earlier in the process – before the first appearance, if possible.

What is Justice on Target?

Justice on Target is the province’s strategy to reduce delay in Ontario’s criminal courts.

Ontario will achieve faster, focused justice by targeting 30 per cent reductions in the provincial average of days and court appearances needed to complete a criminal case.  The province plans to meet its target by Spring 2012.

Ontarians can follow the progress of courts in their local community towards reaching their targets through the Justice on Target website.

del.icio.us  Digg  Facebook