WARNING
The court hearing this matter directs that the following notice be attached to the file:
A non-publication and non-broadcast order in this proceeding has been issued under subsection 486.4(1) of the Criminal Code. This subsection and subsection 486.6(1) of the Criminal Code, which is concerned with the consequence of failure to comply with an order made under subsection 486.4(1), read as follows:
486.4 Order restricting publication — sexual offences. — (1) Subject to subsection (2), the presiding judge or justice may make an order directing that any information that could identify the victim or a witness shall not be published in any document or broadcast or transmitted in any way, in proceedings in respect of
(a) any of the following offences:
(i) an offence under section 151, 152, 153, 153.1, 155, 160, 162, 162.1, 163.1, 170, 171, 171.1,172, 172.1, 172.2, 173, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 280, 281, 286.1, 286.2, 286.3, 346 or 347, or
(ii) any offence under this Act, as it read from time to time before the day on which this subparagraph comes into force, if the conduct alleged would be an offence referred to in subparagraph (i) if it occurred on or after that day; or
(b) two or more offences being dealt with in the same proceeding, at least one of which is an offence referred to in paragraph (a).
(2) MANDATORY ORDER ON APPLICATION — In proceedings in respect of the offences referred to in paragraph (1)(a) or (b), the presiding judge or justice shall
(a) at the first reasonable opportunity, inform any witness under the age of eighteen years and the victim of the right to make an application for the order; and
(b) on application made by the victim, the prosecutor or any such witness, make the order.
486.6 OFFENCE — (1) Every person who fails to comply with an order made under any of subsections 486.4(1) to (3) or subsection 486.5(1) or (2) is guilty of an offence punishable on summary conviction.
ONTARIO COURT OF JUSTICE
BETWEEN:
HIS MAJESTY THE KING
— AND —
M.W.
Before Justice G. Jenner
Request Received in Writing March 24, 2026
Endorsement Released March 24, 2026
Adam Lachance counsel for the Crown
Darcy Haines counsel for the accused
ENDORSEMENT RE: CROWN REQUEST FOR ORDER APPOINTING COMPLAINANT’S COUNSEL
JENNER J.:
1The accused, M.W., is charged with sexual assault. His trial is scheduled to take place before me in November and December 2026, with pretrial motions pursuant to s. 278.92 of the Criminal Code scheduled to be heard in June, July, and August 2026.
2Today I received, via my judicial secretary, an email request from the Crown to sign an order appointing counsel for the complainant in respect of those pretrial applications. While the complainant’s prospective counsel is included in the email chain, there is no indication that the accused or his counsel have been included or are on notice of the Crown’s request. As the trial judge in this matter, I echo the discomfort articulated by my colleague Justice D. Moore in R. v. Z.K., 2025 ONCJ 273, at para. 5, concerning the consideration and making of an ex parte order impacting the accused’s trial.
3If the Crown wishes to renew its request for an order, they must do so on notice to the accused. A form 1 application may be served and filed, and a date for the application to be addressed before myself on the record may be obtained from the trial coordinator.
4The parties should be prepared to address the question of whether this court has the jurisdiction to make an order appointing counsel for the complainant, and are reminded that in Z.K., while not binding on me, this court engaged in a thorough analysis and answered that question in the negative. As I would be prepared to grant standing on this jurisdictional question to the complainant, the Ministry of the Attorney General (Civil Branch), and Legal Aid Ontario, and wish to avoid delay, I direct that any application the Crown chooses to pursue on this question should be served on those entities as well.
Released: March 24, 2026
Signed: Justice G. Jenner