COVID-19 disrupts courts, stalls ongoing Toronto murder trial until June
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Ontario Superior Court Chief Justice Geoffrey Morawetz has suspended criminal and civil jury trials until the end of April.
The courts announced jury selection would be suspended immediately and participants in jury panels for upcoming matters are being asked to stay home.
Justice John McMahon said Friday in his court that those opting for jury trials will wait until January 2021. Or they may elect to have judge-alone trials. Or their cases could be resolved.
“This is absolutely the right decision to make because we cannot put people’s lives ahead of trials to prevent the spread of a pandemic,” said Daniel Brown, vice-president of the Criminal Lawyers’ Association.
“We have to take these emergency steps now,” said Brown. “Trials delayed because of COVID-19 won’t be dismissed for unreasonable delay later because the Jordan decision contemplated a health crisis like this under the rubric of exceptional circumstances.
“The Supreme Court decision gave judges the power to subtract that delay time,” said Brown. “Any delay caused by this pandemic won’t lead to an Askov nightmare, a massive dismissal of cases due to delays to a trial within a reasonable time.”
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“I applaud the Superior Court for making the courageous and responsible decision they made. I hope the Ontario Court of Justice will follow suit,” said defence lawyer Sid Freeman.
“The exposure of hundreds of people at lower court is just as much a threat as the hundreds of potential jury members at Superior Court,” said Freeman. “In both cases, they interact with court officers who come into contact with inmates who are escorted to and from court and to the cells.”
“If the inmates are infected in jails, we will have an enormous public health and staffing problem on our hands,” she added. “We have to take whatever steps to protect the public, whether in custody or outside.”
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