Superior Court of Justice – Ontario

491 Steeles Avenue East, Milton ON L9T 1Y7

Case Information

RE: His Majesty the King
AND: A.B.C.
BEFORE: Justice Conlan
HEARD: July 2, 2025 and July 3, 2025, in-person

Endorsement

[1] On July 2, 2025, this Court was to hold a sentencing hearing for an accused in custody at Maplehurst Correctional Complex (“MHCC”). The court session was to start at 9:30 a.m. The prisoner arrived at the courthouse after 12:00 noon – 2.5 hours late. The courthouse in Milton, Ontario is located less than five kilometers away from MHCC.

[2] There was a cost to what happened on July 2nd. Other scheduled matters had to be pushed back to much later in the day. The waiting time in the morning could have been used for another case.

[3] On July 3, 2025, this Court was to hold stage 2 of a third-party records application for two accused in custody at Vanier Centre for Women, which correctional facility is located on the same property as MHCC. The court session was to start at 10:00 a.m. The prisoners arrived at the courthouse more than one hour late. More than half a dozen lawyers were left waiting. More cost was incurred.

[4] The timely transportation of accused persons from MHCC to the Milton courthouse is honoured far more often in the breach than otherwise. The problem is chronic, and nothing that this Court has done (which efforts have been exhaustive) has made a lick of difference.

[5] The habitual late arrival of prisoners at the Milton courthouse may be interfering with the accused persons’ ability to make full answer and defence. Further, I can foresee a situation where it may be relevant to an assessment of the tertiary ground under section 515(10)(c) of the Criminal Code, regarding judicial interim release. Most certainly, it has cost the administration of justice in Milton a significant amount of lost court time, to the detriment of everyone involved including accused persons, complainants, witnesses, and other litigants and their counsel.

[6] There are honourable and hard-working people at MHCC. I would never suggest that the persistent problems in having prisoners arrive at the courthouse in Milton on time are by design or intention. Whatever the cause is, however, it will not be alleviated by crowding the institution even more than it already is.

Conlan J.
Date: July 3, 2025