Criminal law is complicated enough on its right, but the COVID-19 global pandemic has completely upended normal operations of Ontario’s justice system. This has resulted in widescale adjournment of proceedings, an enormous case backlog, confused scheduling, paperless filing, virtual court hearings and case management, and numerous other disruptions to standard criminal case procedures. While one Toronto-area newspaper recently noted that “Toronto courts [are] a ‘confusing mess,’” this sentiment is certainly applicable to the entire province.
The Ontario Court of Justice has been incrementally opening some courthouses and courtrooms, but the partial resumption of some in-person criminal trials and preliminary inquiries is not easing the complexity of navigating the COVID-19 era criminal justice system. The incremental opening itself has proven confusing, as some courts scheduled for in-person opening subsequently announced new delays, while others are just ramping up virtual case management appearances. Many of those charged prior to or in the early days of the pandemic remain in a semi-state of legal limbo while they await the filling of the court case backlog and/or navigate new procedures for moving their cases forward. Meanwhile, those more recently charged with a criminal offence face new COVID-19- related procedures that generally complicate an already complex process.
The extent to which the COVID-19 pandemic, and subsequent Ontario court system response, has impacted all elements of criminal case management can be found by reviewing the extensive number of measures implemented by the Ontario Court of Justice to manage the ongoing disposition of criminal trials. If you’re facing criminal charges in Ontario, your case could be impacted by any number of COVID-19-related protocols and policies, including those involving:
Thus, not only do those charged with a criminal offence in Toronto and Ontario need a competent criminal defence lawyer to help them mount a successful defence against the charge(s), but also to help them navigate through the new COVID-19-related procedures. And with the courts in such disarray these procedures are constantly being revised and updated. Efficient criminal lawyers keep abreast of all the latest updates to ensure that their clients follow the procedures as legally mandated and are poised to take advantage of any COVID-19 policies that may serve to benefit the client. This could include anything from filing an electronic petition to amend release conditions to seeking favorable case resolution through judicial pre-trials.
In fact, the new COVID-19 procedures offer a number of defence avenues that could prove beneficial for the ultimate outcome of a case. For example, in light of the massive COVID-19-related criminal case backlog, Ontario prosecutors and judges have been quietly diverting more drug possession and impaired driving (yes, impaired driving is a criminal offence) cases from the criminal courts by dismissing them or allowing defendants to plea down to lesser, non-criminal charges. In the face of the backlog, prosecutors are being encouraged to direct their energies on criminal cases that involve the biggest threats to public safety. This provides new avenues for defence lawyers to help their clients successfully resolve their criminal cases without having to defend them in a lengthy trial.
The COVID-19 protocols and court system response also enhance opportunities for criminal lawyers to mount effective defences based upon Charter Rights issues. For example, repeated adjournments and scheduling delays by the Crown could impair a defendant’s Charter Right to a speedy trial. Other Charter Rights issues may arise due to other defendant limitations caused by COVID-19 and/or the court’s response.
The challenges of mounting an effective defence strategy to fight criminal charges in the Ontario Court system are compounded by all of procedural changes caused by the global COVID-19 pandemic. You don’t want to face these challenges alone!
The highly experienced Toronto-area lawyers at Mass Tsang are intimately familiar with all operations and nuances of the Ontario Court system and have been diligently tracking and responding to all of the new procedures enacted by the courts. No matter what the criminal charge, you can be assured that your Mass Tsang legal team will guide you through the now more-confusing-than-ever process as smoothly as possible, while also striving to ensure that the new court-system paradigm works in your best interest whenever possible. To learn more about our criminal defence strategies and our response to the ever-changing court system procedures in the GTA, contact our Toronto area offices today at 416-781-1148.
The dedicated team of lawyers, paralegals and other support staff at Mass Tsang LLP have successfully helped thousands of Toronto-area residents mount an effective defence against the full slate of criminal charges. With specialized experience defending against DUI, drug, assault, and theft and fraud charges, our Toronto lawyers have established a stellar reputation in the Ontario legal field, earning respect from our clients, as well as prosecutors and judges. When you retain Mass Tsang for your criminal defence, you can be assured that every element of your case will be closely examined in our efforts to produce the most favorable resolution of the charges possible
With one of the highest success rates in the Toronto area, our lawyers have handled thousands of DUI cases and are highly adept at challenging technical and procedural elements supporting the charges, as well as in ensuring the protection of every defendant’s Charter Rights. To learn more check out our Toronto DUI Lawyers page.
Whether trafficking, producing, possessing, and/or importing/ exporting, your Toronto-area lawyers at Mass Tsang examine every element of each drug case to strategize the most effective defences and arguments to successfully defend against the charges. More information about our drug defence strategy can be found on our Drug Trafficking Lawyers in Toronto and GTA page.
No matter what type of assault charges you might be facing in the Toronto area, our lawyers are highly skilled at helping clients eliminate or reduce potential penalties through acquittals, dropped or reduced charges, and negotiated settlements. To learn more about how the lawyers at Mass Tsang can help you strategize a defence and navigate the complexities of assault law, check out our Domestic and Sexual Assault Lawyers page.
We have more than 30 years of experience defending clients from theft and fraud cases and fully understand how important it is to defend against such charges to preserve one’s reputation and avoid severe, life-changing penalties. While our lawyers always strive to prove a client’s innocence, our dynamic defence strategy allows for negotiated results that could lead to dropped or reduced charges, or otherwise resolve them in a positive manner that avoids a criminal record and excessive penalties. More details can be found on our Theft and Fraud Lawyers in Toronto and GTA page.
Whatever criminal offence you’ve been charged with in the greater Toronto area, you cannot afford to go against the Ontario court system alone. You need the skills of a highly experienced and competent legal team, such as those working at the law offices of Mass Tsang LLP, to help you mount a solid defence. With more than 30 years of experience, we have successfully defended thousands of Toronto-area residents from DUI, drug, assault, and theft and fraud charges. Our dedicated lawyers, paralegals and support staff are driven by results, and thus analyze every component of each case in order to strategize the most effective defence possible. To secure the best criminal defence in the GTA, contact our Toronto area offices today at 416-781-1148.