COURT FILE NO.: 8311/20
DATE: 2022-01-26
ONTARIO SUPERIOR COURT OF JUSTICE
B E T W E E N:
HER MAJESTY THE QUEEN
S. Woods, Counsel for the Crown
- and -
TERRY BELLEAU
A. Hagan, Counsel for the Accused
Accused
HEARD: January 26, 2022
VARPIO J.
RULING
[1] This sentencing hearing was scheduled to begin today but the Gladue Report, ordered on October 29, 2021 arrived at 5:30 p.m. on January 25, 2022. Normally, Aboriginal Legal Services requires approximately 8 weeks to complete such a report. I have been advised that, of late, the reports have come in late or just before sentencing hearings, requiring adjournments of same.
[2] Ms. Hagan, for Mr. Belleau, advises the court that she cannot proceed today because the late receipt of the report does not provide her with the opportunity to review same with her client.
[3] A number of issues ought to be addressed in this ruling.
[4] First, Gladue Reports are obviously important features of sentencing where applicable: see R. v. M.-S. 2018 ONCA 259.
[5] Second, a well-prepared report contains a considerable amount of material, such as in this case where the report is almost 30 pages long.
[6] Third, court time in 2022 is incredibly valuable in Sault Ste. Marie, Ontario because of the effects of the pandemic.
[7] Accordingly, while adjourning matters because reports are not filed in time has never been a good result, such a phenomenon is particularly concerning these days.
[8] Therefore, it is with regret that I adjourn this matter to March 10, 2022 at 9:30 a.m., on consent of the parties, for a sentencing hearing.
[9] I would ask that the Crown please forward this ruling to Aboriginal Legal Services so that Aboriginal Legal Services can please ensure that future reports are completed in a timely fashion. This allows the parties to digest the contents the report, and allows defence counsel the time needed to review same with their clients.
[10] If Aboriginal Legal Services is of the view that they require more than 8 weeks to complete the reports given COVID and/or other constraints, I would ask that they advise the Crown and Court Services forthwith so that appropriate times can be scheduled in the future.
Varpio J.
Released: January 26, 2022
COURT FILE NO.: 8311/20
DATE: 2022-01-26
ONTARIO SUPERIOR COURT OF JUSTICE
HER MAJESTY THE QUEEN
– and –
TERRY BEAULEU
RULING
Varpio J.
Released: January 26, 2022