Court File and Parties
COURT FILE NO.: CR-38/21
DATE: 20220328
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
HER MAJESTY THE QUEEN
– and –
K.A. and A.S.A.
Counsel:
Ms. A. Stevenson, for the Crown
Ms. D. Lafleur, for K.A., Accused
Mr. R. Tomovski, for A.S.A., Accused
HEARD: March 28, 2022
Endorsement
CONLAN J.
[1] There are two men facing very serious criminal charges in Halton. They have placed their fates in the hands of the Ontario Superior Court of Justice. They are in the middle of important pretrial applications, and they are scheduled to be tried by a jury in relatively short order.
[2] The stakes are very high, for the accused and for the complainant. The police, all counsel, all court staff, the interpreters, really everyone involved in the proceeding, is working so hard to do his or her part in the proper administration of justice.
[3] Regrettably, the courthouse at Milton is not cooperating. It may now be free of potentially toxic mould, after months of being closed to the public, but it remains a relic in terms of its technology, at least that which works. With respect, it is a symbol of years of neglect and under-prioritizing of the justice system by those in charge of the purse strings.
[4] What transpired at court on March 28, 2022 was not befitting a hearing in the highest level trial court in Ontario, or in any court for that matter. It made a mockery of the administration of justice. It embarrassed this Court and all of those who were present to witness the shenanigans. It has now invited serious concerns about the integrity of the record of the proceeding, and it has now imperiled the scheduled start date of the trial. Hyperbole this is not; if the situation continues it runs the risk of a drastic remedy being requested or entertained at the Court’s own instance.
[5] A courtroom that, we are told, cannot accommodate simultaneous interpretation between in-person accused and interpreters appearing by Zoom. A Zoom connection between the interpreters and the courtroom that repeatedly freezes, video and/or audio, causing the registrar to have to close down the program and then open it again. A Zoom connection with the interpreters that is frequently unreliable, causing someone at either end to ask for clarification of what was said. A Zoom connection with the interpreters whereby they cannot see anyone except themselves. A court reporter’s equipment that repeatedly freezes or shuts down. Hours of wasted time. That is a partial list of what we endured on March 28th.
[6] Between 10:00 a.m. and 4:00 p.m. on March 28, 2022, we accomplished next to nothing. We did not complete one counsel’s questioning of one witness on one pretrial application. It exhausted the patience of all of those who were subjected to the debacle. It left at least one person, the questioning counsel, wondering if we could just please abandon the place and go somewhere else. Of course, there is not much incentive for positive change if every proceeding in Halton turns into a travelling roadshow.
[7] I emphasize that this is not the fault of anyone who was present in the courtroom, whether in-person or remotely, on March 28th. It cannot go without this Court’s express observation, however, in the form of an actual endorsement, and it cannot be left to a hope and a dream that things will improve on their own.
[8] This Court, therefore, at its own instance, orders as follows.
There shall be three fully accredited French language interpreters arranged for every day of the scheduled trial of these charges.
Those interpreters shall attend the trial in person, as this is an in-person criminal proceeding with one accused in custody and a jury as the trier of fact.
For the balance of the pretrial applications, commencing tomorrow, March 29, 2022 at 10:00 a.m., best efforts shall be expended to arrange for one of the following two options: either two or three fully accredited French language interpreters who are present, in-person, every day, OR the hearing proceeds with the current interpreters attending remotely, via Zoom, and simultaneous interpretation being delivered, wherever the in-person component of the hearing takes place.
[9] I am satisfied that this Court has the jurisdiction to make the within Order, including clause three which is a “best efforts” directive. This Court is case managing the proceeding.
[10] I am further satisfied that the within Order is truly necessary, in the interests of justice, in order to avoid the potential collapse of the entire proceeding.
[11] I want to thank everyone who was involved in the hearing today, including the supervisor of court operations and the IT department, for their patience, their friendliness, and their persistence to get things right. They are conducting themselves in an exemplary fashion, working with tool chests that are half-full.
C.J. Conlan
Electronic signature of Conlan J.
Released: March 28, 2022
COURT FILE NO.: CR-38/21
DATE: 20220328
ONTARIO
SUPERIOR COURT OF JUSTICE
HER MAJESTY THE QUEEN
– and –
K.A. and A.S.A.
ENDORSEMENT
Conlan J
Released: March 28, 2022