R v. Q., 2023 ONSC 5116

CITATION: R v. Q., 2023 ONSC 5116 COURT FILE NO.: 119/22 DATE: 2023 09 11 ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: HIS MAJESTY THE KING ) ) ) ) – and – Q. D.O. J.N. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Victoria Reid, for the Crown Scott Reid, for Q.

Victoria Reid, for the Crown Lauren Wilhelm, for D.O Amy Stevenson and Renee Mahoney, for the Crown Alison Craig and D’Arcy Leitch for J.N. ) ) HEARD: September 11, 2023 ENDORSEMENT CONLAN j. [ 1 ] This Endorsement relates to three criminal matters that are set for trial in the Superior Court of Justice in Milton, commencing today, September 11, 2023; the accused are Q., D.O., and J.N. [ 2 ] None of these three trials will proceed today.

All three matters will be adjourned to a date later this month, perhaps September 25 th , depending on submissions by counsel and their availability, to be spoken to at that time, before me. [ 3 ] Until further notice, the Superior Court justices will not be presiding over in-person matters at this building. [ 4 ] This is a disappointing day for the administration of justice in Halton Region. We remain committed to ensuring that those we serve have access to justice.

We are exploring every alternative in an effort to dampen the impact of this extraordinary step on all of those who have an interest in the cases that are before us.

[ 5 ] This decision was not made lightly. It was made on Friday, September 8 th , after careful reflection, after a thorough review of the most recent findings of contamination in this building, after full consideration of the Ministry’s plan in place to conduct a complete building assessment, and after consultation with the Regional Senior Justice and the Chief Justice, among others. [ 6 ] We will do whatever we can to ameliorate the situation.

What we cannot do is ameliorate this building, and we cannot use our unique authority to compel members of the public, including potential jurors, litigants, lawyers, accused persons, and witnesses, to attend this building at this time. [ 7 ] The Ministry has commissioned a report from an expert. The ongoing assessment work, including a full inspection of this building, is not yet finished.

Given the long history of serious problems with this building, including those that caused a very lengthy closure of the entire Courthouse not that long ago, until we know more, we cannot in good conscience preside over in-person matters in this building. The health and safety of all of those before us must be the overarching priority. [ 8 ] As the criminal case management judge, I am very distressed about this development.

I am deeply concerned about the adjournments, though unavoidable, of the three trials that were scheduled to commence today, the impact of those adjournments on the accused persons and on the complainants, and the potential consequences not yet known – for these three cases and for every case of every kind in Halton Region. [ 9 ] Those in attendance today deserved to know why their cases were not proceeding as scheduled.

In this Endorsement, read aloud this morning, I have told you what I know in a sincere effort to not satisfy you but explain to you why this is happening. [ 10 ] I will now hear anything that counsel would like to say and set the return date for the three criminal cases on today’s trial list. Conlan J. Released: September 11, 2023