The line beeps as someone new enters the virtual bail court and then identifies themselves.
And like any regular bail court at the Barrie courthouse, lawyers come and go as Justice of the Peace Ann Forfar hears from prosecutors, defence lawyers as well as accused being patched in from the Central North Correctional Centre in Penetanguishene.
The juggling of the half-dozen cases on the list appears seamless as new court dates and hearings are set. Although, for the observer calling in by phone, the voice of the accused comes in faint, almost inaudible, as he responds to the justice of the peace, who appears to have no difficulty hearing him.
The Barrie courthouse previously used the videoconference process to allow those in jail waiting for their day in court to set a new date. The need for physical distancing to limit the spread of COVID-19 has led to the quick expansion of the virtual courtroom through the addition of 600 teleconference lines for audio court hearings across the province as part of a $1.3-million tech infusion meant to help Ontario’s courts and tribunals transition to remote operations.
It can be a bit clunky because the process can take longer over video and, without being in court in person, two people end up talking at once, said criminal defence lawyer Allison Craig, who “appeared in morning bail court representing a man facing firearms charges.
“Visual cues are often important” in the courtroom, she said, “and that’s missing on the phone.”
In addition, video suites are only available during certain hours.
On the up side, Craig said, there are concerted efforts to ensure everyone is addressed.
The technological changes implemented in Ontario’s judicial system during the past six weeks allow at least some level of justice to continue resulting in a dramatic metamorphosis of what many describe as an antiquated system to something more closely aligned with today’s wired world.
And that comes with some efficiencies, said Barrie criminal lawyer Gary Pickard, president of the Simcoe County Criminal Lawyers’ Association, who marvels at how some basic changes to accommodate social-distancing rules can have such a positive impact.
He points to the bail appearances. Previously, the accused were all brought to the courthouse from the jail for a mass appearance and they, as well as their lawyers, would bide their time until their names were called. Those who weren’t ready would be adjourned.
That was updated in recent years so that those who weren’t ready to proceed would appear by video from jail, meaning they wouldn’t have to be transported from Penetanguishene to Barrie and wait all day just to make a quick appearance.
The system now being used resulting from the health allows for better scheduling, explained Pickard.
“They give you a time slot. Everything’s arranged. You do something in 10 or 15 minutes that used to take sometimes all day,” he said. “This way things are planned in advance and it’s a real time-saver for the defence bar.”
Trials have been suspended, while bail hearings, guilty pleas and sentencings are being done via teleconference, as well as bail reviews, which has contributed to the drop in the inmate population at the Penetanguishene superjail about one-third to 660 and an overall provincewide reduction of almost 3,000 to 5,623 of the 8,344 people who were in Ontario jails March 16, the day before Ontario declared a state of emergency.
Legal Aid Ontario, which is meant to provide legal services to those who can’t afford to pay for it, is also making its services more readily available and is offering that help by phone or online instead of in person.
“People can call and get a half hour of Legal Aid advice on a family law or criminal matter and we’ve waived financial eligibility for the pandemic,” said Lisa Banerjee, director general for Legal Aid Ontario’s Central-East District, which includes Barrie. “People in custody who do not have counsel and a court date in the next four days can also call and be connected directly to a duty counsel.
“Our duty counsel are continuing to provide representation to clients who do not have counsel in the virtual courts for family, child protection and criminal matters," she added.
As for the trials that are bumped due to the crisis, Pickard doesn’t expect a flood of applications to have them tossed on the argument of delay through what’s known as Jordan applications. Delays due to COVID-19 are likely to instead fall under exceptional circumstances.
“The law is you have to take into account exceptional circumstances for delay. I think you’d be hard-pressed to argue that this was the fault of the system, the justice system,” so will likely be called neutral time, he said.
Although criminal lawyer Mitch Eisen said there remains the possibility that if the system simply can’t handle the workload post-COVID the cases pile up further, that could lay the foundation for the courts to consider tossing out charges.
But Eisen wondered how normal the situation related to crimes currently is with the vast majority of the population largely sequestering themselves in their homes.
Although there are widespread concerns about increases in domestic violence as COVID-19 forces us all to hunker down in closed quarters, he sees fewer opportunities for general problems occurring in the community and on empty streets.
“What I do know for sure is there ain’t any young people going off to the bars and getting drunk and doing stupid stuff that brings them into my office on a regular basis,” said Eisen. “That’s just not happening.”
Indeed, Barrie police report the general suspension of regular activity has resulted in a change in some aspects of policing.
Barrie police communications co-ordinator Peter Leon confirmed there has been a drop in some calls for service, particularly impaired driving.
Back in the courtroom, Craig likes that the expanded virtual courts allows people to call in from anywhere, including from several locations at once.
“I’ve had several instances where I’ve been proposing sureties from far out of town,” she said. “So I hope that’s something that sticks around. It certainly makes it easier.”
