Ontario’s Superior Court is suspending most operations effective Tuesday in light of the COVID-19 pandemic, while the Ontario Court of Justice plans to severely cut back on the number of people who appear in court each day.

The Superior Court, which deals with all civil, some family and the most serious criminal matters, such as murder, already announced last week that it was suspending upcoming jury trials. The court said Sunday it will almost completely shut down until further notice as of Tuesday, but will continue to hear urgent civil, family and criminal matters, as well as matters dealing with public health and safety. It’s expected these cases will mainly be dealt with in writing or by teleconference.

“The court plays a fundamental role in our constitutional democracy. Access to justice for the most urgent matters must always remain available,” said a notice issued Sunday by Chief Justice Geoffrey Morawetz.

The court said all criminal matters set to be heard between March 17 and the end of May will be adjourned until June, including ongoing trials, unless ordered otherwise.

One Superior Court case that is expected to continue is the first-degree murder jury trial of Kalen Schlatter, accused of sexually assaulting and strangling 22-year-old Tess Richey in 2018. Schlatter’s lawyer, Jessyca Greenwood, said they have been advised by the judge that the trial will continue. Closing arguments were expected for Monday and Tuesday with the jury expected to begin deliberations Friday.

The Ontario Court, which deals with many family matters and the bulk of criminal cases, will adjourn upcoming criminal cases involving persons who are out of custody. Each case will be adjourned 10 weeks from the day it was set to be heard between March 16 and April 3. Accused persons and their lawyers in these cases will not need to attend court to ask for an adjournment; it will be done automatically.

The court said it will continue to hear urgent criminal matters involving people who are out of custody, such as people wanting to plead guilty.

The court will also continue to hear in-custody cases, including bail hearings and cases where people in custody want to plead guilty or are having their charges withdrawn. These matters are expected to still be heard in courtrooms, though the court said in a statement: “Wherever possible, the court will make full use of video and audio technology to effectively address criminal matters involving accused persons who are in custody.”

The president of the Criminal Lawyers’ Association, John Struthers, told the Star that the court’s concern for in-custody people was very much appreciated, but they must begin conducting hearings remotely immediately.

“They need to shut down,” he said, pointing out that there are many people in small courtrooms, including the accused person, the lawyers, court officers, the clerk, court reporter and the judge, some of whom may be older, have compromised immune systems or have underlying health conditions.

“We have to protect all justice system participants,” he said.

The court will also continue to hear urgent child- and family-protection matters, such as orders dealing with children in state care and domestic matters such as restraining orders. Non-urgent family matters, including trials, will be adjourned for 8 to 12 weeks. Persons involved in non-urgent cases can ask for an adjournment over the phone and do not need to go to the courthouse.

Cases involving non-criminal matters known as provincial offences, such as traffic tickets, which were set to be heard between March 16 and April 3, will be adjourned to a date to be specified. People involved in those cases do not need to attend court to ask for an adjournment. A new court date will be mailed to them.

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