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MINISTRY OF THE ATTORNEY GENERAL LAW LIBRARY * Ministry of the Attorney General Court Services Division Annual Report 2007-2008 KF 180 0682 2007/08 c.l ■" . | j : Ai i : COURT SERVICES DIVISION ANNUAL REPORT 2 0 0 7 /0 8 KF Ontario. Ministry of the Attorney ^°82 Court Services Division annual report 2007/08 c.l KF Ontario. Ministry of the Attorney isn General. 0682 Court Services Division annual report 2007/08 c.l ministry of the attorney general LAW LIBRARY © 2008 Queen's Printer for Ontario ISSN 1708-1971 (English and Multilingual print) ISSN 1708-198X (English Internet) oct * i w» Table of Contents Message from the Deputy Attorney General Forward by the Assistant Deputy Attorney General.ii Chapter 1: Introduction to the Court Services Division.1 Mission.1 Goals.1 Core Services.1 ministry of the The Opening of Courts.3 attorney general Role of the Assistant Deputy Attorney General.3 Regional Structure.3 LAW LIBRARY Regional Directors.3 Provincial Court Maps.4 Regional Profiles.5 Corporate Directors.19 Corporate Support.19 Chapter 2: Introduction to Ontario’s Courts.22 The Court of Appeal for Ontario.22 The Superior Court of Justice.22 The Ontario Court of Justice.23 The Judiciary.24 Chapter 3: 2007/2008 Court Activity .26 New Proceedings Received.26 The Criminal Courts - Ontario Court of Justice.27 The Criminal Courts - Superior Court of Justice.28 The Civil Courts.28 The Family Courts.29 The Family Courts - Superior Court of Justice.30 The Family Court branch of the Superior Court of Justice.31 The Family Courts - Ontario Court of Justice.32 The Small Claims Court.33 The Court of Appeal.34 Chapter 4: 2007/2008 Operational Overview.35 The Criminal Courts.35 The Civil Courts.36 The Family Courts.37 Chapter 5: 2007/2008 Corporate Initiatives.39 Access to Justice.39 Justice and the Media Panel.40 Modernizing Service Delivery.41 Divisional Training Initiatives and Partnerships.44 Customer Service.45 Working with our Justice Partners.47 Managing Court Facilities.48 Planning for the Future.50 Chapter 6: Report on Resources.51 Human Resources by Region.51 Revenue by Region.51 Statement of Expenditures.52 Appendix A: Court Services Division Five-Year Plan 2007/2008 - 2011/2012 .A1 Appendix B: Court Statistics.B1 COURT SERVICES DIVISION ANNUAL REPORT 2 0 0 7/0 8 IVl0SSag© from the Deputy Attorney General In courthouses, courtrooms and administrative offices from the judiciary, the bar, the Ministry - including across Ontario, over 4,300 dedicated staff in the Court representation by members of Court Services Division, the Services Division operate the largest and busiest court Accessibility Directorate of Ontario, and external disability system in Canada. stakeholders. As the Ministry of the Attorney General moves forward with Further modernization of the justice system is under its commitment to improving access to justice, the important consideration with a review of the Summary of Findings and role that Court Services Division plays becomes apparent. Recommendations of the Civil Justice Reform Project Court staff are the public face of the Ontario justice system, prepared by the Honourable Coulter Osborne. The and are often the first and sometimes only point of contact recommendations address 18 areas of procedural and for members of the public. substantive law, including unrepresented litigants, small claims, trial management, appeals, technology, courtroom The Division has provided invaluable support to initiatives civility and proportionality and aim to improve access to the that improve access to justice by providing greater civil justice system. openness and transparency. Of note, following the 2006 enactment of the Access to Justice Act, the Division Our justice system is the cornerstone of our cherished free supported the creation of the Justices of the Peace society and the work of the Division makes a real and Appointments Advisory Committee establishing a new, more meaningful difference in the lives of all Ontarians. This transparent appointment process for Justices of the Peace report outlines the progress made in delivering on the in Ontario. Division's mandate to provide a modern and professional court service that supports accessible, fair, timely and Implementation of many of the recommendations made by effective justice services for all court users. I encourage the the Justice and the Media Panel are also underway. These public to take the time to read this Annual Report fully and have included the launch of the Cameras in the Court Pilot share any comments with the Ministry by e-mail at Project to web-cast court proceedings in the Court of [email protected]. Appeal, and the implementation of a significant reduction in some fees related to accessing court files and obtaining Congratulations to the Division and our partners in justice; photocopies of court documents. together you have set a new standard of excellence and leadership. A number of important steps have been taken to improve accessibility in the court system in response to the report of the Courts' Disabilities Committee, dealing with accessibility in the court system for people with disabilities, that was released in December 2006. These include the establishment of the permanent Ontario Courts Accessibility Committee, whose mandate is to provide guidance and Murray Segal oversight to the development of a barrier-free court system Deputy Attorney General in Ontario. The committee is comprised of representatives COURT SERVICES DIVISION ANNUAL REPORT 2 00 7 /0 8 Forward by the Assistant Deputy Attorney General I am pleased to present the fifth publication of the Court Connectivity was another area of focus in 2007. The Services Division's Annual Report. The year 2007 was a Division’s continued leadership in the use of technology busy one indeed, and these pages reflect the tremendous is helping to modernize and connect services in the achievements made during the fiscal year of April 1,2007 administration of the courts. This included conversion of to March 31, 2008. two of the three remaining court sites in the province to the FRANK case tracking system, and the replacement of Each and every day, I am impressed with the breadth of analogue recorders with digital recording devices for responsibilities that staff in the Division handle with such courtrooms in 16 court sites. This new technology will determination and professionalism. enhance the reliability, availability and integrity of the court record. To ensure the Division connects to direct The Division’s work supporting initiatives that improve feedback from court users, we also strengthened our access to justice and provide greater openness and annual customer satisfaction survey to include questions transparency has proven vital in assisting the Ministry in regarding accessibility for persons with disabilities and meeting its mandate. This work has included support for French Language Services. the creation of the Justices of the Peace Appointments Advisory Committee and implementation of the new The Division is committed to a path of continual appointments process, which has facilitated greater improvement of court services for Ontario. As I travelled confidence in the fairness of the appointments process. to court locations throughout the province to connect with The Division continues to lead work to implement court staff, management teams and stakeholders, it was recommendations made by the Justice and the Media a privilege to witness the positive attitude, evident within Panel to advance understanding between the media and the Division and the broader justice community, to the justice system, as well as work with representatives addressing the complex challenges of delivering court from the municipal sector to enhance the delivery of local services. justice services through the Provincial Offences Act Streamlining Review Working Group. I would like to thank the Division's excellent staff and management for their strength, resilience, energy and As Co-Chair of the Ontario Courts Accessibility commitment and look forward to another busy year as the Committee I look forward to working with the Division’s Division works with the judiciary and our justice partners partners in justice to build a modern and progressive to support a justice system that is second to none. court system in Ontario that is fully accessible, barrier- free and designed for all citizens to fully participate. The committee provides advice and oversight to the court system on accessibility-related matters. The Division successfully piloted a Site Accessibility Information Coordinator project in 2006/2007 designed to improve Ann Merritt information available to court users regarding the Assistant Deputy Attorney General accessibility of court services provided in a courthouse. An evaluation of the pilot has led to its expansion to additional sites in 2008/2009. COURT SERVICES DIVISION ANNUAL REPORT 2 0 0 7/0 8 Chapter 1 Introduction to the Court Services Division Mission is reflected in the many initiatives discussed under these respective business goals in the Plan. The Ministry of the Attorney General is responsible for administering justice in Ontario. Within the Ministry, the With respect to the first two legislated “institutional Court Services Division (CSD) is responsible for the goals”, CSD is committed to ensuring respect for the administration of the courts. CSD's mission is to independence of the judiciary and recognition of the provide a modern and professional court service that respective roles and responsibilities of the Attorney supports accessible, fair, timely and effective justice General and the judiciary in the administration of services. justice. Progress on those goals is reflected in several initiatives in the Five-Year Plan. For example, under Goals business goal # 2, “Accessible Services”, CSD is actively participating with the judiciary on a Framework Recent amendments to the Courts of Justice Act (CJA) Committee to develop a protocol on access to court created important goals for the administration of the information that is respectful of the judiciary’s courts. Section 71 of the CJA provides as follows: independence in the justice system. Under business goal # 3, “Consistent, High Quality Services”, the The administration of the courts shall be carried on so Division is working collaboratively with the Superior as to, Court of Justice on the development of a Memorandum of Understanding, which will set out and clarify more (a) maintain the independence of the judiciary as concretely the respective roles and responsibilities of a separate branch of government; the Attorney General and the Court in delivering court (b) recognize the respective roles and services. responsibilities of the Attorney General and the judiciary in the administration of justice; Core Services (c) encourage public access to the courts and Court Office Services public confidence in the administration of justice; CSD staff provide court office services across the (d) further the provision of high-quality services to province, including scheduling court cases at the the public; and direction of the judiciary, providing information and (e) promote the efficient use of public resources. counter services to the public and maintaining court 2006, c. 21, Sched. A, s. 14. records and files. Judicial and Courtroom Support CSD is committed to furthering these goals and has a legislative obligation to provide information in the CSD provides administrative support to all judges of the annual report on progress in meeting them. In this Court of Appeal for Ontario and the Superior Court of regard, the Division has an evolving Five-Year Plan, set Justice and to all judges and justices of the peace of out in Appendix 1, which has been in place since the Ontario Court of Justice; manages the jury system; 2002/03. There are five “business goals" under the and provides courtroom support through court Plan - three of which, “Accessible Services”, registrars, clerks, reporters, monitors, court services “Consistent High-Quality Services” and "Efficient officers and interpreters. Resource Management” are similar to the legislated service delivery goals in s. 71 (c), (d), and (e), set out above. The Division’s progress in furthering these goals Clock tower, Coburg, Superior Court of Justice, Ontario Court of Justice COURT SERVICES DIVISION ANNUAL REPORT 200 7/0 8 Mediation Programs Role of the Assistant Deputy Attorney Mandatory civil mediation is part of the civil court General, Court Services Division process in Ottawa, Toronto and Windsor. Voluntary family mediation services are provided by external The Assistant Deputy Attorney General, Court Services service providers and are available at the 17 Family Division, is the Ministry executive who oversees the Court branch of the Superior Court of Justice locations. administration of Ontario’s courts, and is responsible for CSD manages the contracts for the delivery of legislative, regulatory and operational policy and mediation services in these courts. Staff mediators program development related to improving the court provide service in the Ontario Court of Justice family system. locations in Toronto. Regional Structure Enforcement Services CSD administers the filing of writs of execution, enforces civil orders, and manages the collection of fine For the purpose of providing court services, the and restitution revenues from the prosecution of Ministry of the Attorney General is organized into seven criminal offences. Court Services Division administrative regions. Each region is responsible for: The Opening of Courts • delivering local criminal, civil, small claims and Traditionally, the Opening of the Courts Ceremony has family court services; been held at the beginning of the calendar year. In • maintaining records, files, exhibits and databases; 2007, the Honourable Warren K. Winkler, Chief Justice • providing judicial support services including of Ontario, the Honourabie Heather J. Smith, Chief courtroom and administrative support; Justice of the Superior Court of Justice, the Honourable • managing juries; Annemarie E. Bonkalo, Chief Justice of the Ontario • enforcing court orders; Court of Justice, the Law Society of Upper Canada, the • managing fines, fees and trust funds; Ministry of the Attorney General and affected Bar • managing regional stakeholder communications; organizations within the province agreed to defer the and annual ceremony to mark the Opening of the Courts of • implementing divisional initiatives. Ontario for 2008 to September 9, 2008. This will better align the event with, what is for most participants in the Regional Directors justice system, the start of a “new” court year. Each region is managed by a Director of Court Operations who reports to the Assistant Deputy Attorney General, Court Services Division. “/ have enjoyed making court visits as part of my Civil Justice tour. Everywhere I've been, from Sault Ste. Marie to Stratford to Barrie and Ottawa, Eve met wonderful, dedicated people. The Court Services Division employees are the public face of courts and they make a big difference in how the public perceives the justice system day in and day out. Divisional staff are the people who really make our courts user-friendly and accessible. During my court visits, I was struck by the enthusiasm and professionalism / encountered everywhere I went. ” The Honourable Chris Bentley Attorney General of Ontario, 2008 -3- COURT SERVICES DIVISION ANNUAL REPORT 2 0 0 7 /0 8 COURT SERVICES DIVISION ANNUAL REPORT 2 0 0 7 /0 8 Central East Regional Profile The Central East Region is improve effectiveness, address security and health and located to the north and east safety concerns, as well as accommodate the ever- of Toronto and is part of the increasing workload in the region’s court locations. Greater Toronto Area. The Project highlights include construction on the Durham region serves the Consolidated Courthouse that began in 2007 in communities of York, Durham, collaboration with Infrastructure Ontario, and ReNew Simcoe, Muskoka, Haliburton, Ontario's strategic infrastructure renewal plan that Northumberland, continues to support the Cobourg court consolidation Peterborough and the City of project and is expected to be completed in late 2008. Kawartha Lakes. The Phase One is underway and Phase Two is scheduled population has grown from to be completed in late 2008. 1,953,928 in census year 2001 to 2,238,488 in census In 2007/2008 the Newmarket courthouse was selected year 2006. The growth rate in this region has been one as a pilot site for implementation of digital recording of the highest in the country, continuing at a rate of 15 devices. Subsequently, the Peterborough courthouses per cent over the past five years, compared to a at 470 Water Street and 70 Simcoe Street were chosen provincial average of 6.6 per cent. The Ministry of as sites to roll out the first implementation phase of this Finance projects an 8.65 per cent increase for the new equipment. region to 2008. In response to this significant rate of growth, strategic capital planning studies were As part of the region's commitment to support a approved for York Region and Simcoe County. These professional and trained court workforce, numerous studies will guide facility planning for the courts in these operational and professional development training areas over the next twenty to thirty years. opportunities have been developed and provided to improve justice services. Courthouse construction initiatives across the region in 2007/2008 focused on the ongoing commitment to Central East Regional Statistics Central East Region C Base Court Regional Centre: Newmarket C Satellite Court Regional Centre Population: 2,238,488 Area: 25,809 km2 ©Huntsville Population Density: 86.7 persons/km2 Minden Base Court Locations: 11 Satellite Court Locations: 13 Total Court Locations: 24 Midland ©_ Orill©ia Campbellford Peterborough ® Lindsay© © „ . , Collingwood v Brighton Popu' la.•«t i‘o n ■ Stat•i st. ics from Statistics Canada, 2006 Census © Barrie© Cobourg © Bradford© Port Hope© ® Newmarket© ^5h|jC ©Bowmanville Richmond Hill © Whitby !™li wmmPs -5-