COURT FILE NO.: CR-17-1687

DATE: 2020/07/13

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Her Majesty the Queen

AND

Jamil Ahmad Qureshi

BEFORE: Justice A. Doyle

COUNSEL: Claudette Breault, Counsel for the Crown

Mash Frouhar, Counsel for the Accused

HEARD: July 13, 2020 via telephone

TRIAL MANAGEMENT ENDORSEMENT

[1] The accused, Jasmil Ahmed Qureshi, is charged with dangerous driving causing the deaths of John Keeler and Tiffany Keeler pursuant to s. 249(4) of the Criminal Code of Canada, R.S.C. 1985, c. C-46 (Code) which is allegedly to have occurred on November 27, 2017 on Highway 401 in the Township of Edwardsburgh.

[2] Mr. Qureshi is also charged with dangerous driving causing bodily harm to Lori Kay, Laura Kirby and Robin Riga contrary to s. 249(3) of the Code which is allegedly have occurred on November 27, 2017 at the above location.

[3] The Court heard seven days of evidence in March 2020 in Brockville.

[4] The trial was adjourned on March 16, 2020 pursuant to the Notice to the Profession issued by the Chief Justice of the Superior Court of Ontario suspending court hearings due to the outbreak of the COVID-19 pandemic.

[5] The Court has had four previous case conferences in this matter to deal with the scheduling and logistics of the resumption of this trial.

[6] It is now agreed that the trial will resume on July 21, 2020 via a virtual platform (“Zoom”). The parties have agreed that the balance of the Crown’s non-expert witnesses will give evidence via Zoom and the Crown’s expert witnesses will testify in a courtroom on a date which will be set in 2021.

[7] The request for this combined court hearing comes from defence counsel who, due to her medical status, is not prepared to return to a hearing in a court room until January 2021.

Documents

[8] The exhibits that have already been made an exhibit during the trial will be scanned and stored in the Government One Drive folder by the court office. During the trial, the exhibits will be available to the Registrar. Using the “share screen” option in the Zoom virtual platform, the exhibit can be viewed by the Court, counsel, the accused and the witness.

[9] At today’s conference, there was a discussion that any further documents could be managed using the sync.com document sharing platform.

[10] However, to facilitate and simplify the process, the Court has determined that if counsel wishes to file any further documents which may become exhibits, then they are to simply email the document to the court office. The Court office will then upload it to the Government One Drive folder.

[11] To the extent that it is possible, all documents to be adduced in evidence by the parties should be assembled in a PDF document using Bookmarks and a Table of Contents identifying each document.

[12] Each document should be clearly identified as whether it is a Crown document or defence document and which witness will be identifying it. Each individual document shall be clearly identified with the tab number and a brief description revealing its nature (email, statement, report, affidavit, letter, etc.).

[13] Documents should be labelled in a manner that identifies them clearly for the Court so that it is not necessary to open the document to understand what it is. Pages should be numbered sequentially within each PDF.

Trial Distribution List

[14] To facilitate the expeditious exchange of documents which may have inadvertently been left out that a party to put to a witness during examination in chief or cross-examination or re-examination, or which needs to be provided again to a witness who experiences difficulty in locating their own copy, documents may be also be adduced in evidence and exchanged during the trial in the manner described below.

[15] Counsel shall jointly prepare an email distribution list to which documents may be circulated during the trial (“Trial Distribution List”). This list shall include: myself, and the Registrar, counsel and the parties. The parties shall also exchange the email addresses of any person intended to be called as witnesses in order to allow the witness to access the documents during their testimony, if needed.

[16] In addition, counsel shall ensure that they have back-up phone numbers for every witness they intend to call and that each of these witnesses has counsel’s phone number that they can call so that counsel and witnesses can communicate with one another in the event that the internet connection is interrupted, or some other technical problem occurs.

[17] Prior to a witness being called, a phone number for the witness will be provided to the registrar, and the witness will then be provided with a phone number at which the registrar may be contacted in case of technical difficulties.

Witnesses

[18] The Crown confirms the following witnesses will testify via Zoom:

July 21:Mulkin, Riga, St. Clair;

July 22: Arcand, Yanbau, Robert;

August 4: Durocher; (perhaps) Belanger.

[19] Counsel shall advise each of their witnesses in advance of their testimony of the scheduled time for their appearance, help them understand and prepare for the virtual hearing and ensure that each witness is provided with all relevant emails, phone numbers and copies of relevant documents in advance of their testimony.

[20] Counsel shall provide each of their witnesses with a copy or the link to the Superior Court of Justice “Best practices and Etiquette for Remote Hearings” at:

https://www.ontariocourts.ca/scj/notices-and-order-covid-19/remote-hearings/ .

[21] Counsel should also provide Appendix A to the Guide to Best Practices for Remote Hearings: “On-Screen Tips for Counsel, Parties and Witnesses” at the following web address: https://www.advocates.ca/TAS/Publications/Best_Practices_Publications/TAS/Publications_Resources/BestPractices_Publications.aspx?hkey=12ee9725-d4e8-408d-93bc-462a365c7d82, at least two business days before the commencement of the resumption of the trial.

[22] Counsel shall also clearly communicate the following instructions to each of the witnesses before they testify:

• While the witness is giving evidence, the witness shall not review any documents or access any electronic resources (internet or otherwise) other than those documents put to them during their examinations or cross-examinations;

• Such documents as they may ask and be permitted to review;

• While the witness is giving evidence, the witness shall not refer to or rely on a script or any notes unless permitted by the Court;

• While the witness is giving evidence and until the completion of the evidence, the witness shall not communicate with any other person about the substance of their examination;

• The witness may communicate with counsel or another person while on a break prior to commencement of their cross-examination, provided that any such communication is consistent with counsel’s professional obligations and applicable rules of the Court; and

• If the witness requires the assistance of a third party during his or her testimony (for instance, to assist with technology), permission to do so much be requested before the witness’ testimony begin.

[23] Counsel shall also ensure that all of their witnesses have access to the technology necessary to testify virtually, ahead of the trial. If that is not possible, the Court should be alerted as soon as possible.

[24] A copy of any documents intended to be put to a witness during that witness’ examination in-chief shall be provided to the witness in advance of that witness’ examination in-chief. The witness may use a hard copy of those documents during their testimony instead of an electronic copy if they prefer.

[25] With respect to documents to be put to the witnesses during their cross-examination or re-examination, counsel conducting such cross/re-examination may choose to put that document to the witness by send a copy of the document by email to the witness and all participants (using the Trial Distribution List) as the witness is being cross/re-examined or, if it is practicable, by asking the registrar to show the document on the screen, using the screen-sharing functionality. (e.g. short document)

[26] Any documents being put to witnesses electronically on examination, cross-examination or re-examination shall be in PDF format.

General

[27] The registrar for the trial hearing will be the “host” of the Zoom sessions and the Court will be the “co-host”. During witness examinations, the video feed will be restricted to the trial Judge, the witness, the examining lawyer and opposing counsel. Other than those individuals, and the registrar, all other participants will be muted and will have no video feed (their faces will not be shown on the screen) during the examination. However, except for the witness and the examining counsel, persons included on the video feed may turn off when not speaking.

[28] During breaks, as much as is practicable, participants shall mute their microphones and turn off their video for the duration of the break, rather than disconnecting from the Zoom session. At the appointed time, participants shall turn on their video to signal that they have returned from break.

[29] Any objections should be indicated visually by raising the palm of your hand to the video camera, upon which whoever is speaking shall cease speaking in order for the objection to be addressed.

[30] All counsel, parties and witnesses shall sign into the Zoom platform using their full names so that they can easily be identified by the registrar and the court.

Test Run

[31] A test run shall be scheduled for Thursday, July 16, 2020 at 2:30 p.m. for the following purposes:

• A test zoom session;

• Discuss the issue of the translation of the Accused’s statement to English;

• Set trial dates in 2021; and

• Any other matters pertaining to the trial.

[32] The following people shall participate in the test run: myself, the registrar and counsel and the accused. An Urdu interpreter will be available during the test run.

Conclusion

[33] Having had a fulsome discussion with counsel regarding the logistics, the Court makes the following Orders with respect to the trial.

[34] The trial via Zoom will take place on July 21, 22, August 4, 5, 6, 7, and September 1 and 2, 2020.

[35] Co-ordinates for the Zoom hearing will be provided by the Court office in advance of the first day of trial.

[36] Counsel need not gown for the Zoom hearing.

[37] If a further conference is needed prior to July 21, 2020, the parties should contact the trial coordinator’s office requesting a conference and briefly explain the reasons.

Justice A. Doyle

Date: July 13, 2020

COURT FILE NO.: CR-17-1687

DATE: 2020/07/13

SUPERIOR COURT OF JUSTICE

RE: Her Majesty the Queen

AND

Jamil Ahmad Qureshi

BEFORE: Justice A. Doyle

COUNSEL: Claudette Breault, Counsel for the Crown

Mash Frouhar, Counsel for the Accused

trial management ENDORSEMENT

Justice A. Doyle

Released: July 13, 2020