Court Services Division: annual report

244 Pages·2002·21.7 MB·English

by  Ontario. Ministere du Procureur General

MINISTRY OF THE
ATTORNEY GENERAL
LAW LIBRARY
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Ministry of the Attorney General
Court Services Division
Annual Report 2007-2008
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COURT SERVICES DIVISION ANNUAL REPORT 2 0 0 7 /0 8
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© 2008 Queen's Printer for Ontario
ISSN 1708-1971 (English and Multilingual print)
ISSN 1708-198X (English Internet)
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Table of Contents
Message from the Deputy Attorney General
Forward by the Assistant Deputy Attorney General.ii
Chapter 1: Introduction to the Court Services Division.1
Mission.1
Goals.1
Core Services.1 ministry of the
The Opening of Courts.3
attorney general
Role of the Assistant Deputy Attorney General.3
Regional Structure.3 LAW LIBRARY
Regional Directors.3
Provincial Court Maps.4
Regional Profiles.5
Corporate Directors.19
Corporate Support.19
Chapter 2: Introduction to Ontario’s Courts.22
The Court of Appeal for Ontario.22
The Superior Court of Justice.22
The Ontario Court of Justice.23
The Judiciary.24
Chapter 3: 2007/2008 Court Activity .26
New Proceedings Received.26
The Criminal Courts - Ontario Court of Justice.27
The Criminal Courts - Superior Court of Justice.28
The Civil Courts.28
The Family Courts.29
The Family Courts - Superior Court of Justice.30
The Family Court branch of the Superior Court of Justice.31
The Family Courts - Ontario Court of Justice.32
The Small Claims Court.33
The Court of Appeal.34
Chapter 4: 2007/2008 Operational Overview.35
The Criminal Courts.35
The Civil Courts.36
The Family Courts.37
Chapter 5: 2007/2008 Corporate Initiatives.39
Access to Justice.39
Justice and the Media Panel.40
Modernizing Service Delivery.41
Divisional Training Initiatives and Partnerships.44
Customer Service.45
Working with our Justice Partners.47
Managing Court Facilities.48
Planning for the Future.50
Chapter 6: Report on Resources.51
Human Resources by Region.51
Revenue by Region.51
Statement of Expenditures.52
Appendix A: Court Services Division Five-Year Plan
2007/2008 - 2011/2012 .A1
Appendix B: Court Statistics.B1
COURT SERVICES DIVISION ANNUAL REPORT 2 0 0 7/0 8
IVl0SSag©
from the
Deputy Attorney General
In courthouses, courtrooms and administrative offices from the judiciary, the bar, the Ministry - including
across Ontario, over 4,300 dedicated staff in the Court representation by members of Court Services Division, the
Services Division operate the largest and busiest court Accessibility Directorate of Ontario, and external disability
system in Canada. stakeholders.
As the Ministry of the Attorney General moves forward with Further modernization of the justice system is under
its commitment to improving access to justice, the important consideration with a review of the Summary of Findings and
role that Court Services Division plays becomes apparent. Recommendations of the Civil Justice Reform Project
Court staff are the public face of the Ontario justice system, prepared by the Honourable Coulter Osborne. The
and are often the first and sometimes only point of contact recommendations address 18 areas of procedural and
for members of the public. substantive law, including unrepresented litigants, small
claims, trial management, appeals, technology, courtroom
The Division has provided invaluable support to initiatives civility and proportionality and aim to improve access to the
that improve access to justice by providing greater civil justice system.
openness and transparency. Of note, following the 2006
enactment of the Access to Justice Act, the Division Our justice system is the cornerstone of our cherished free
supported the creation of the Justices of the Peace society and the work of the Division makes a real and
Appointments Advisory Committee establishing a new, more meaningful difference in the lives of all Ontarians. This
transparent appointment process for Justices of the Peace report outlines the progress made in delivering on the
in Ontario. Division's mandate to provide a modern and professional
court service that supports accessible, fair, timely and
Implementation of many of the recommendations made by effective justice services for all court users. I encourage the
the Justice and the Media Panel are also underway. These public to take the time to read this Annual Report fully and
have included the launch of the Cameras in the Court Pilot share any comments with the Ministry by e-mail at
Project to web-cast court proceedings in the Court of [email protected].
Appeal, and the implementation of a significant reduction in
some fees related to accessing court files and obtaining Congratulations to the Division and our partners in justice;
photocopies of court documents. together you have set a new standard of excellence and
leadership.
A number of important steps have been taken to improve
accessibility in the court system in response to the report of
the Courts' Disabilities Committee, dealing with accessibility
in the court system for people with disabilities, that was
released in December 2006. These include the
establishment of the permanent Ontario Courts Accessibility
Committee, whose mandate is to provide guidance and Murray Segal
oversight to the development of a barrier-free court system Deputy Attorney General
in Ontario. The committee is comprised of representatives
COURT SERVICES DIVISION ANNUAL REPORT 2 00 7 /0 8
Forward by the
Assistant Deputy Attorney General
I am pleased to present the fifth publication of the Court Connectivity was another area of focus in 2007. The
Services Division's Annual Report. The year 2007 was a Division’s continued leadership in the use of technology
busy one indeed, and these pages reflect the tremendous is helping to modernize and connect services in the
achievements made during the fiscal year of April 1,2007 administration of the courts. This included conversion of
to March 31, 2008. two of the three remaining court sites in the province to
the FRANK case tracking system, and the replacement of
Each and every day, I am impressed with the breadth of analogue recorders with digital recording devices for
responsibilities that staff in the Division handle with such courtrooms in 16 court sites. This new technology will
determination and professionalism. enhance the reliability, availability and integrity of the
court record. To ensure the Division connects to direct
The Division’s work supporting initiatives that improve feedback from court users, we also strengthened our
access to justice and provide greater openness and annual customer satisfaction survey to include questions
transparency has proven vital in assisting the Ministry in regarding accessibility for persons with disabilities and
meeting its mandate. This work has included support for French Language Services.
the creation of the Justices of the Peace Appointments
Advisory Committee and implementation of the new The Division is committed to a path of continual
appointments process, which has facilitated greater improvement of court services for Ontario. As I travelled
confidence in the fairness of the appointments process. to court locations throughout the province to connect with
The Division continues to lead work to implement court staff, management teams and stakeholders, it was
recommendations made by the Justice and the Media a privilege to witness the positive attitude, evident within
Panel to advance understanding between the media and the Division and the broader justice community, to
the justice system, as well as work with representatives addressing the complex challenges of delivering court
from the municipal sector to enhance the delivery of local services.
justice services through the Provincial Offences Act
Streamlining Review Working Group. I would like to thank the Division's excellent staff and
management for their strength, resilience, energy and
As Co-Chair of the Ontario Courts Accessibility commitment and look forward to another busy year as the
Committee I look forward to working with the Division’s Division works with the judiciary and our justice partners
partners in justice to build a modern and progressive to support a justice system that is second to none.
court system in Ontario that is fully accessible, barrier-
free and designed for all citizens to fully participate. The
committee provides advice and oversight to the court
system on accessibility-related matters. The Division
successfully piloted a Site Accessibility Information
Coordinator project in 2006/2007 designed to improve
Ann Merritt
information available to court users regarding the
Assistant Deputy Attorney General
accessibility of court services provided in a courthouse.
An evaluation of the pilot has led to its expansion to
additional sites in 2008/2009.
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Chapter 1
Introduction to the Court Services Division
Mission is reflected in the many initiatives discussed under
these respective business goals in the Plan.
The Ministry of the Attorney General is responsible for
administering justice in Ontario. Within the Ministry, the
With respect to the first two legislated “institutional
Court Services Division (CSD) is responsible for the
goals”, CSD is committed to ensuring respect for the
administration of the courts. CSD's mission is to
independence of the judiciary and recognition of the
provide a modern and professional court service that
respective roles and responsibilities of the Attorney
supports accessible, fair, timely and effective justice
General and the judiciary in the administration of
services.
justice. Progress on those goals is reflected in several
initiatives in the Five-Year Plan. For example, under
Goals
business goal # 2, “Accessible Services”, CSD is
actively participating with the judiciary on a Framework
Recent amendments to the Courts of Justice Act (CJA) Committee to develop a protocol on access to court
created important goals for the administration of the information that is respectful of the judiciary’s
courts. Section 71 of the CJA provides as follows: independence in the justice system. Under business
goal # 3, “Consistent, High Quality Services”, the
The administration of the courts shall be carried on so Division is working collaboratively with the Superior
as to, Court of Justice on the development of a Memorandum
of Understanding, which will set out and clarify more
(a) maintain the independence of the judiciary as concretely the respective roles and responsibilities of
a separate branch of government; the Attorney General and the Court in delivering court
(b) recognize the respective roles and services.
responsibilities of the Attorney General and the
judiciary in the administration of justice; Core Services
(c) encourage public access to the courts and
Court Office Services
public confidence in the administration of
justice; CSD staff provide court office services across the
(d) further the provision of high-quality services to province, including scheduling court cases at the
the public; and direction of the judiciary, providing information and
(e) promote the efficient use of public resources. counter services to the public and maintaining court
2006, c. 21, Sched. A, s. 14. records and files.
Judicial and Courtroom Support
CSD is committed to furthering these goals and has a
legislative obligation to provide information in the CSD provides administrative support to all judges of the
annual report on progress in meeting them. In this Court of Appeal for Ontario and the Superior Court of
regard, the Division has an evolving Five-Year Plan, set Justice and to all judges and justices of the peace of
out in Appendix 1, which has been in place since the Ontario Court of Justice; manages the jury system;
2002/03. There are five “business goals" under the and provides courtroom support through court
Plan - three of which, “Accessible Services”, registrars, clerks, reporters, monitors, court services
“Consistent High-Quality Services” and "Efficient officers and interpreters.
Resource Management” are similar to the legislated
service delivery goals in s. 71 (c), (d), and (e), set out
above. The Division’s progress in furthering these goals
Clock tower, Coburg, Superior Court of Justice, Ontario Court of Justice
COURT SERVICES DIVISION ANNUAL REPORT 200 7/0 8
Mediation Programs Role of the Assistant Deputy Attorney
Mandatory civil mediation is part of the civil court General, Court Services Division
process in Ottawa, Toronto and Windsor. Voluntary
family mediation services are provided by external
The Assistant Deputy Attorney General, Court Services
service providers and are available at the 17 Family
Division, is the Ministry executive who oversees the
Court branch of the Superior Court of Justice locations.
administration of Ontario’s courts, and is responsible for
CSD manages the contracts for the delivery of
legislative, regulatory and operational policy and
mediation services in these courts. Staff mediators
program development related to improving the court
provide service in the Ontario Court of Justice family
system.
locations in Toronto.
Regional Structure
Enforcement Services
CSD administers the filing of writs of execution,
enforces civil orders, and manages the collection of fine For the purpose of providing court services, the
and restitution revenues from the prosecution of Ministry of the Attorney General is organized into seven
criminal offences. Court Services Division administrative regions.
Each region is responsible for:
The Opening of Courts
• delivering local criminal, civil, small claims and
Traditionally, the Opening of the Courts Ceremony has family court services;
been held at the beginning of the calendar year. In • maintaining records, files, exhibits and databases;
2007, the Honourable Warren K. Winkler, Chief Justice • providing judicial support services including
of Ontario, the Honourabie Heather J. Smith, Chief courtroom and administrative support;
Justice of the Superior Court of Justice, the Honourable • managing juries;
Annemarie E. Bonkalo, Chief Justice of the Ontario • enforcing court orders;
Court of Justice, the Law Society of Upper Canada, the • managing fines, fees and trust funds;
Ministry of the Attorney General and affected Bar • managing regional stakeholder communications;
organizations within the province agreed to defer the and
annual ceremony to mark the Opening of the Courts of • implementing divisional initiatives.
Ontario for 2008 to September 9, 2008. This will better
align the event with, what is for most participants in the Regional Directors
justice system, the start of a “new” court year.
Each region is managed by a Director of Court
Operations who reports to the Assistant Deputy
Attorney General, Court Services Division.
“/ have enjoyed making court visits as part of my Civil Justice tour. Everywhere I've been,
from Sault Ste. Marie to Stratford to Barrie and Ottawa, Eve met wonderful, dedicated
people. The Court Services Division employees are the public face of courts and they make
a big difference in how the public perceives the justice system day in and day out. Divisional
staff are the people who really make our courts user-friendly and accessible. During my
court visits, I was struck by the enthusiasm and professionalism / encountered everywhere
I went. ”
The Honourable Chris Bentley
Attorney General of Ontario, 2008
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Central East Regional Profile
The Central East Region is improve effectiveness, address security and health and
located to the north and east safety concerns, as well as accommodate the ever-
of Toronto and is part of the increasing workload in the region’s court locations.
Greater Toronto Area. The Project highlights include construction on the Durham
region serves the Consolidated Courthouse that began in 2007 in
communities of York, Durham, collaboration with Infrastructure Ontario, and ReNew
Simcoe, Muskoka, Haliburton, Ontario's strategic infrastructure renewal plan that
Northumberland, continues to support the Cobourg court consolidation
Peterborough and the City of project and is expected to be completed in late 2008.
Kawartha Lakes. The Phase One is underway and Phase Two is scheduled
population has grown from to be completed in late 2008.
1,953,928 in census year
2001 to 2,238,488 in census In 2007/2008 the Newmarket courthouse was selected
year 2006. The growth rate in this region has been one as a pilot site for implementation of digital recording
of the highest in the country, continuing at a rate of 15 devices. Subsequently, the Peterborough courthouses
per cent over the past five years, compared to a at 470 Water Street and 70 Simcoe Street were chosen
provincial average of 6.6 per cent. The Ministry of as sites to roll out the first implementation phase of this
Finance projects an 8.65 per cent increase for the new equipment.
region to 2008. In response to this significant rate of
growth, strategic capital planning studies were As part of the region's commitment to support a
approved for York Region and Simcoe County. These professional and trained court workforce, numerous
studies will guide facility planning for the courts in these operational and professional development training
areas over the next twenty to thirty years. opportunities have been developed and provided to
improve justice services.
Courthouse construction initiatives across the region in
2007/2008 focused on the ongoing commitment to
Central East Regional Statistics
Central East Region
C Base Court
Regional Centre: Newmarket C Satellite Court
Regional Centre
Population: 2,238,488
Area: 25,809 km2 ©Huntsville
Population Density: 86.7 persons/km2 Minden
Base Court Locations: 11
Satellite Court Locations: 13
Total Court Locations: 24 Midland ©_ Orill©ia Campbellford
Peterborough ®
Lindsay© © „ . ,
Collingwood v Brighton
Popu' la.•«t i‘o n ■ Stat•i st. ics from Statistics Canada, 2006 Census © Barrie© Cobourg ©
Bradford© Port Hope© ®
Newmarket© ^5h|jC ©Bowmanville
Richmond Hill © Whitby
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