Future jury trials in Ontario are suspended following concerns raised by the head of the organization representing the province’s criminal defence lawyers. Trials underway will continue at the discretion of the judge.

In an email Thursday evening to John Struthers, president of the Criminal Lawyers’ Association, the legal counsel to Ontario Chief Justice Geoffrey Morawetz said jury panels for upcoming trials are being suspended “for the time being.”

“Jury trials currently in progress will continue subject to the trial judge’s discretion,” read the email. “Jury panels for upcoming trials will be canceled and potential jurors will be re-notified when the situation changes.”

Struthers, whose organization represents 1,400 Ontario defence lawyers, praised Justice Morawetz for making the call and told the Star “we’re very grateful for the immediate leadership.”

Earlier in the day, Struthers joined a conference call with provincial and federal justice officials and senior members of the judiciary, including all the regional senior justices and chief justices, to decide what to do about the risk of the global coronavirus pandemic.

“You’re playing with peoples’ lives, shut it down,” the veteran lawyer said he told the judges and officials, speaking to the Star in the lawyers’ lounge of the downtown Superior Court of Justice while waiting for a jury verdict.

Courthouses, provincial jails, and the federal prison system … they have to prepare, he said, pointing especially to the risk to inmates: “The only thing they should be doing is reviewing every single detention to see if they can send people home on ankle monitors or whatever to reduce the jail population.”

“Mitigation is not going to work,” he said. “Get out of the way, the truck is coming! It’s what the NHL has done. It’s what any responsible organization has done.”

Some of Ontario’s jails, where the bulk of inmates are legally innocent, awaiting their trials or sentencing, are overcrowded.

Others, such as the notorious Toronto South Detention Centre, have been the subject of frequent lockdowns due to under-staffing, forcing inmates to remain in their cells with fellow inmates, with limited access to showers, exercise or phones.

“Jail conditions are horrendous at the best of times,” said Daniel Brown, CLA vice-president. “We should have no confidence that the jails are in any position to address a serious pandemic, given their inability to manage the jails properly in the absence of a crisis like this.”

Kristy Denette, spokesperson for Ontario’s Ministry of the Solicitor General, said the ministry has policies and procedures in place to ensure inmates receive necessary health assessments when they’re admitted, and, as needed during their incarceration She noted there have been no confirmed cases of COVID-19 in the province’s jails.

“If an outbreak of any communicable disease occurs or is suspected, institution officials take immediate precautionary measures in accordance with operating procedures, including notifying the local Medical Officer of Health, and provincial health professionals,” Denette said.

She said health care staff provide direction on the appropriate measures to take, including isolating inmates if required. She said there are also processes to disinfect the entire facility, and staff also monitor their own health.

“You can’t self-isolate in prison, it’s just not possible,” said Toronto lawyer Angela Chaisson, commenting on the lack of space in many correctional facilities. “Now we are going to have to deal with the consequences of turning a blind eye to the broken jail system. And, frankly, I don’t know what those consequences are.”

For one thing, she said, the Ontario attorney general should be directing Crown attorneys to consent to a person being released on bail wherever possible.

Senator Kim Pate told the Star she has been demanding to see a plan from Correctional Services Canada for federal prisons, where inmates serve sentences of two years or longer.

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“Many, many questions and not many answers at this stage and no clear plan of which I’m aware,” said Pate, a former executive director of the Canadian Association of Elizabeth Fry Societies, who has visited numerous correctional facilities across the country.

“We need to see a plan immediately about how this will be dealt with,” she said.

She noted that prisons have many elderly prisoners, a particularly vulnerable group if infected by COVID-19. Among other things, Pate said she has asked whether prisons have increased the number of healthcare staff; how and where prisoners will be isolated if necessary; and whether prisoners who don’t have an effect on public safety will be released.

There have been no confirmed cases of COVID-19 in federal prisons, said Correctional Services of Canada spokesperson Martine Rondeau, who added that the service has an emergency-preparedness-and-response framework to plan for an outbreak. Should an outbreak occur, she said, health services would be maintained in the prison.

“Additionally, CSC complies with requirements set by public health authorities, which could include an institution being quarantined,” she said.

Rondeau said they have also asked the public to avoid visiting a prison if they are sick, and have continuing communications with staff, inmates and visitors about preventative measures such as proper hygiene practices.

As of Thursday, Torontonians summoned for jury duty continued to show up at the court at 361 University Avenue to see whether or not they’d be picked for an upcoming trial. “Juror Notice” signs posted throughout the building read: “You may be told to come back at a later date” if you’ve been advised by a health professional to stay home, if you’ve travelled outside of Canada to a COVID-19 affected area or if you’re sick right now.

In a tweet, the Superior Court of Justice on Thursday said it knows “access to justice must be available if COVID-19 disrupts court operations & is committed to ensuring hearings remain safe. #SCJOntario is working with MAG (Ministry of the Attorney General) to update emergency plans, including remote hearings.”

Instructions will be communicated on the court web site and Twitter, the court said.

Struthers said there is no possible way to run trials remotely by video — “We don’t have the infrastructure,” he said. What’s more, he said, there should be no concern that criminal cases may collapse due to delay. No lawyer is going to bring an application protesting that a trial was delayed “because they were saving peoples’ lives,” he said, “that’s crazy.”