Observed in court

Unless otherwise noted court reports are by M. Monastyrskyj, CELOS researcher.

Note: Lawyers and judges use a legal vocabulary that can be confusing to people who don't work in the courts. For an explanation of legal terms used in Ontario courts, consult the glossary on the Ministry of the Attorney-General website. Click here.

Friday April 18, 2008

I am at Old City Hall today for a bail hearing. Two co-accused Isahaq Omar and Ryan Rowe-Reid are asking for bail. Omar's family is sitting directly behind him, just a few inches away. A court officer tells the family that they aren't allowed to talk to Omar in court. If they do, they will be asked to leave. The family say they understand. It isn't clear to me whether the officer's instruction meant during the proceedings or at any time in the courtroom. I thought the court officer said during the hearing but the family must have understood it to mean at any time because they don't say anything to Omar. Later I hear the mother complaining that the court system treats the families like they're in jail too. "We are members of society," she says.

When the session starts, the two defense lawyers asks for a publication ban pursuant to section 517 of the Criminal Code. When the defense asks for a ban, it's automatic.

After court is adjourned, Rowe-Reid's family waits in the corridor. His grandmother says loudly "I'm not leaving until I see him." When court officers escort Rowe-Reid out, his mother tells him to take care of himself and "Do your reading." Rowe-Reid smiles and says he will.''

Wednesday April 30, 2008

At 10am I am in courtroom 101, Old City Hall to hear the Justice of the Peace read out his decision regarding bail for Ryan Rowe-Reid. Rowe-Reid isn't in court, because of a lockdown at the Don Jail. The JP denies bail.

Old City Hall is a busy courthouse. Lawyers, judges, justices of the peace and clerks spend a lot of time talking with an official called the trial coordinator about when and where to hold a proceeding. The JP in this case finished hearing evidence on Friday April 25, but needed extra time to come to a decision. Since the need for extra time was unexpected, the JP had to find an available courtroom. After discussion with the lawyers on Friday, the JP said he would make a point of being in courtroom 101 today. The JP came in, read his decision and then another JP came in to deal with the steady stream of prisoners that show up in 101.

When the JP was reading the decision, the defense lawyer, Matthew A. Friedberg turned around and glanced at me. Then he pointed me out to Rowe-Reid's family. When the JP was finished, Friedberg turned around again and smiled at me.

Friday May 2, 2008

I am at Old City Hall today for the continuation of Isahaq Omar's bail hearing. The hearing is supposed to start at 10am in courtroom 126. There is a big crowd of people waiting outside the door, but at 10 a court clerk comes by and says all matters except Omar's bail hearing have been moved to courtroom 128. The big crowd moves to 128.

Court starts half an hour late because there's a lockdown at the Don Jail causing a delay in bringing Omar to court.

Wednesday May 14, 2008

I am in court today for the continuation of Isahaq Omar's bail hearing.

At 11:15, court breaks for a fifteen-minute recess. During the break, I have a conversation with two men who are observing the hearing. One man is older and describes himself as Omar's "uncle" though he's not an uncle in the way most Canadians would use the word. He is, in fact, an elder in Omar's clan. The second, much younger man is Omar's friend. They ask me why I'm in court. I tell them I'm working on a research project for CELOS. They ask me questions about the group. I describe CELOS' work and give them the web address.

The older man says I must have special permission to sit in the courtroom. I say, "No. The courts are open to the public. Anyone can come and watch, but it's unusual." I mention that when I was sitting in courtroom 111, some students on a tour of old City Hall had come into the courtroom just to watch. Omar's friend, who is sitting next to us, tells him that's it's true that courtrooms are open to the public. The "uncle" says he didn't know that. He says he knows a young woman who is interested in becoming a lawyer. He says he might bring her to court so that she can learn about it.

Court resumes at 11:50 and continues until 1:25. The JP says she will have her decision at 4pm. During the break I have a conversation with Omar's mother. She isn't happy with the way she was treated when she was on the stand as a witness. She doesn't think Omar is being treated fairly. She wants to know what I think. She asks me if I think the Crown's questions are fair and if I think Omar is guilty of the things the Crown accuses him of. She thinks some of the evidence the Crown introduced is irrelevant and wants to know my opinion. I don't know what to tell her. I say I haven't spent much time in court and it's hard for me to say if the questions are fair or if the Crown's other evidence is relevant or not.

When court resumes at 4, she tells the lawyers "I'm close but not there." The clerk makes a call to arrange the next court date. The JP will read her decision tomorrow morning at 10 in courtroom G. Derstine says the sureties can't be here tomorrow.

Wednesday May 21, 2008

2pm I'm in courtroom 111 waiting for a joint video appearance by Ryan Rowe-Reid and Isahak Omar. There are only two people on the public benches, me and another fellow. The court officer tells the other fellow, a young man, if he has a matter before the court he should stand by the right side of the room until the JP calls him. The court officer asks me if I have a matter before the court. I say no. He looks at me for a second, then says, "Are you just observing?" I say yes. A few minutes later the JP looks at me and calls out "Sir, do you have a matter before the court?" I shake my head. She smiles and then turns to the lawyers.

Monday May 26, 2008

I'm in courtroom 111, Old City Hall waiting for Liam Campbell to make an appearance by video.

Friday May 30, 2008

By Jutta Mason, CELOS researcher

Diary of the day at youth court:

Although at one time it seemed that lawmakers wanted youth court to run less formally than adult court, there was no evidence of that on May 29. Youths in custody arrived and left in handcuffs. The theft of an ipod or a fight between siblings seems to be attached to one to four days in jail awaiting bail. If a youth in the detention box tried to interject or comment, he was told to be silent. And the barrier between the court officials and the spectators (mainly family members) was firm. In addition, court officials spoke to one another without much effort to make themselves heard beyond their own part of the room, so the spectators were often straining to make out what was said.

Notes:

A Vietnamese child of 13 was given bail for vandalizing a screen door of a house. The mother, who seemed very young herself, could not be brought to speak up when she was on the witness stand as the bail surety -- her answers were almost whispers and the court reporter was visibly frustrated. The mother's shame was very obvious.

A 23-year-old Iranian was the surety for his younger brother. He is the sole supporter for a household of 9 people including his parents. He has two jobs -- one from 9 to 5, one from 10 pm to 7 am.

A 17-year-old was in jail for attacking her boyfriend with a dinner knife after he came to her house drunk. The boyfriend had no injuries, perhaps because a dinner knife is dull.

A Somali family -- mother, daughter in her twenties plus two little kids -- waited all day in court to post bail for a teenage son. At lunch break, when the mother tried to ask the Crown when the case would come up, the Crown lawyer told her brusquely without even turning around that he could give her no information and that she was to leave the courtroom since it was being locked up during lunch.

The Crown lawyer was evidently reading most of the information for the first time, and his role appeared to be to speak as pessimistically as possible about the chances of good behaviour by the youth charged, or for good supervision by the surety, except in the most straighforward cases. He seemed frustrated at times about his own lack of information regarding who was up next.

The Justice of the Peace emphasized school as the universal remedy, and most house arrests were connected with a condition that a single missed class was breach of probation.

One youth was up on a charge of uttering death threats at a high school, and being identified as a possible gang member, and carrying a baseball bat and a mask in his back pack, as well as having stolen an ipod. The court was told that his mother was very ill with cancer, and the father was home looking after the mother full time. Many references were made to how hard the behaviour of the son must be on the gravely ill mother. When the son made a noise in the prisoner's box, he was cautioned not to speak.

This youth was under house arrest for a previous charge when he was found with the baseball bat. The Crown emphasized that the father -- as the surety -- was not keeping close enough track of the son. The Crown asked whether police had ever checked on the son randomly to see if the house arrest was being followed. The answer was no.

There was a lot of discussion in this case as in others about school attendance but there was no evidence that anyone was in meaningful contact with the schools, including parents who were supposed to enforce school attendance.

School attendance was an almost universal bail condition as was "seeking summer employment." In a few cases, a medical examination was made a condition of bail.

At several points in the afternoon, the J.P. cheerfully wished various lawyers and the Crown a good weekend. She said the same thing to a youth whose bail had been postponed because of a paperwork problem, and who would therefore spend the weekend in jail.

Monday June 2, 2008

10am Courtroom 503, College Park. I am in court because Judy Bishop is supposed to appear. When I enter the court, duty counsel (defense lawyer who helps defendants who don't have a lawyer or whose lawyer isn't in court) asks me if I have a matter before the court. This happens quite often. I'm going to note each time it does to give an idea of how common this question is. It shows that although courtrooms are open to the public, they receive few visitors. Most of what happens in the courts goes unobserved by the public.

2pm Courtroom 111, Old City Hall. I am in court because Liam Campbell is supposed to appear. There is a problem with the video system that allows prisoners in custody to make brief appearances without being transported physically to court. People in 111 can see and hear what is happening at the jail, but the guards and prisoners at the jail can hear but not see what is happening in 111. They only see a blue screen. The guard has to ask if the Justice of the Peace (JP) is there. While everyone waits to see if the video problem can be fixed, the JP starts telling the lawyers and clerks anecdotes about this and that. This JP likes to laugh a lot. For example, he thought it was funny when in the afternoon one of the defense lawyers mistakenly said Good morning instead of Good afternoon. Later in the corridor I overheard him say to a man he was walking after, "Just so you know. I have experience tackling people."

Monday June 2 2008

by Jutta Mason, CELOS researcher

Back at 311 Jarvis Street, at Juvenile Court. Court began at 9.20. The J.P. is almost the opposite of the last one -- he hardly looks up when someone comes to report their "EJS" ("extra-judicial sanctions") hours completed, just reads out some numbers and then mumbles "free to go" without looking at the youth.

About a third of the cases don't show. One is the wrong "Macdonald" and is told "free to go," only to have it taken back a few minutes later when they realize it's a different guy. There's an overwhelming sense of widgets (i.e. the accused) moving erratically along an assembly line that is half broken. If any of the widgets or their relations try to talk without being asked a question, they are shushed. Later a new-ish lawyer tells us that when a person who is not an officer of the court speaks up, it seems to him that all the court staff react as though someone had farted -- as though it's embarrassing.

The court recessed at 9.50 for a break. It's supposed to resume at 10.30 but doesn't start up again until 10.45.

Some of the children in custody look little, but they arrive and leave in handcuffs anyway. If a kid is brought into the box but the paperwork is not done yet or "there are others ahead in the queue," the handcuffs go back on and the kid is taken out again. Like a puppet, and silent -- no talking allowed.

Monday June 23, 2008

2pm Courtroom 111, Old City Hall. When Justice of the Peace Cresswell is ready to start the court session, he discovers that the court clerk doesn't have "the list." (presumably the list of cases on the docket) Cresswell isn't pleased and admonishes the clerk. A uniformed court officer gives his copy of the list to the clerk. Cresswell says next time the clerk must have the list "or we're not starting." He says the clerk can't rely on the officer having a copy of the list to share.

At the start of the session there is a problem with the video system. As the court is waiting for the system to be fixed, Justice of the Peace Cresswell says, "It hasn't worked for a month and I'm about that far from walking down there and hanging someone myself." A few minutes later the system appears to be working again.

One of the prisoners coming in person this afternoon was brought down from the mental health facility in Penetang for an appearance that lasts a few minutes at the most. It turns out the man's lawyer had already dealt with his case that morning. Cresswell tells the man he will make arrangements to have the man's next appearance by video because it doesn't make sense to bring him all the way down from Penetang for a brief set-date appearance.

Another man appearing in court is not in custody. He was supposed to be here at 9 but didn't arrive until the afternoon. This is common in 111. In fact every afternoon I've been there, the Crown attorney or the JP has called for people who were supposed to be here at 9 to come forward. In every case, I've seen they just get a warning to be on time for their next appearance. That's the case today as well. The man says he couldn't come at 9 because he has two jobs. The JP tells the man the next time he is late the court will issue a bench warrant with discretion. The JP says the man may have to tell his employer why he's coming to court. The JP says, "There's a presumption of innocence." It turns out the man has been waiting for disclosure since December. Apparently, it's still not available and he will have to come back to 111.

The next "out of custody matter" involves a man who completed John school after having been charged with communication for the purpose of prostitution. In exchange for completing John school, the charge against him is dropped and he is free to go.

2:25pm I'm the only person left in the body of the court. A man on video has trouble hearing what is being said at Old City Hall. The Crown starts speaking louder. The man now says he can hear.

A law student by the name of Long acting as an agent for a lawyer who is not present asks to speak to one of the prisoners on video. The JP agrees. Long goes to a booth located to the right of the JP's bench. There is a phone in the booth lawyers can use to talk privately with their clients on video. The JP tells the man on video not to pick up the phone until he hears it ring. Today the phone isn't working and Long can't reach his client. He tells the man to call the lawyer's office. JP Cresswell says it's a good thing Long didn't need to call 911.

Wednesday June 25, 2008

Three co-accused, Isahaq Omar, Ryan Rowe-Reid and Keane Webb, are on the 2pm video docket in courtroom 111, sometimes called "set-date court." There are ongoing problems with the video system in 111. Today, the Justice of the Peace says she's only getting static on her TV monitor, though the monitors facing the body of the court seem to be working fine. Earlier in the session when a defendant in a wheelchair appeared on screen, the Crown attorney on duty, Michael Leshner, had to describe to the JP what was happening on screen. When Omar appears, he says he can barely hear what's happening in Old City Hall.

Monday July 7, 2008

2pm I am in courtroom 111 Old City Hall for a video appearance by Liam Campbell. When I sit down, a young court officer notices I am carrying a notebook. He tells me I shouldn't be writing notes in court. I am puzzled because I have been doing court visits since March and no one has tried to stop me from taking notes before. In fact, during one bail hearing a Justice of the Peace referred to me as "the gentleman from the press" because I was in the courtroom taking notes. She reminded me that the hearing was covered by publication ban but she did not stop me to talk taking notes. At another bail hearing I saw a police officer taking notes of what he saw. I ask the court officer if he would stop a reporter from taking notes. This questions causes him to back down a little. He says I can take notes as long as I don't do it in a way that's too obvious. He says I can take notes, but "it's discouraged." He also says if he has to tell somebody else to stop, the other person might point to me taking notes and at that point he would have to make me stop. It's all very confusing. In any case I continue to take notes.

Wednesday July 9, 2008

2pm I am in courtroom 111 Old City Hall for two cases: Shahin Pirouzi and the guns and gangs case involving Isahaq Omar and Keane Webb. On Monday in 111, a young court officer suggested it wasn't a good idea for me to take notes in the courtroom. He said I could do it if I wasn't too obvious about it, but that taking notes in court was "discouraged." That officer is in the courtroom again today, but this time he doesn't say anything about my notebook.

I have to sit through the brief video appearances of several people before Pirouzi appears. One of the men appearing by video protests loudly that he was not at the scene of the crime and the police can't possibly have any surveillance evidence against him. He says, "I am being held for a crime I didn't commit. This is ridiculous! This is not right!" Crown attorney Michael Leshner says the Crown office needs three weeks to put together the disclosure package. The man is very unhappy with that. Finally, the JP agrees to bring the man back in 2 weeks, but Leshner warns that the disclosure may not be ready by then.

At about 2:20pm a man appears on video from the Toronto East Detention Centre (TEDC). He is soft-spoken and polite but clearly upset. He says he can't reach his lawyer because the TEDC has been in lockdown. The duty counsel (a lawyer who speaks for defendants in the courtroom whose lawyer isn't present or who don't have a lawyer) says he has no message from the man's lawyer, but promises to call him.

At 2:45 I go next door to courtroom 112 for the unsealing of the search warrant in the Omar/Webb case. Before the judge can attend to that matter he has to preside over another case. A man named Mendoca is pleading guilty to breaking into Rosie's at the corner of Gladstone and Salem last December. He broke into a side door and stole a large quantity of cigarettes. Mendoca has been in jail for six and a half months. In making his sentencing submission the Crown attorney, Innis, notes that this is an unusually long time. He says, "Frankly there have been some disclosure problems." Innis recommends the judge sentence Mendoca to time served plus probation with conditions.

When it's Mendoca's lawyer's turn to speak, he asks the court for a brief indulgence so he can show Mendoca the criminal record the Crown has submitted. After Mendoca agrees the record is correct, the lawyer hands the record to the judge. The lawyer tells the judge about Mendoca's personal history. He is 32 years-old. He was introduced to crack cocaine in 1996 when he was twenty years-old. The lawyer recognizes that Mendoca has an extensive record, but notes that all his crimes are related to his client's drug problems. The lawyer says Mendoca acknowledges he has a drug problem and is working on it. The lawyer says if his client is released, Mendoca will reside at his parents' home. The lawyer notes that Mendoca has spent an unusually long time in pre-trial custody due to the problems with disclosure and mentions that because of the very bad conditions in the Don Jail it is common to count the time spent there as triple time.

When Mendoca himself is given time to speak, he says that is father is dying of cancer and that he wants to be there for his dad.

The judge reviews out loud what the Crown and the defense have said. He agrees with the Crown's recommendation and sentences Mendoca to time served and puts him on probation with conditions.

Wednesday July 23, 2008

2pm courtroom 111, Old City Hall. I am here for a video appearance by Shahin Pirouzi. The court session is delayed because the Crown office hasn't sent an attorney. The Justice of the Peace says "Someone call the Crown office to see who's coming in. It's 7 after 2 already." Innis from the Crown's office enters the courtroom just as the JP is finished speaking.

There is another problem with the video system. The JP asks, "What's wrong with the video? Can we get someone in from maintenance? This is the third day already. Day 1: 2:30, Day 2: 2:20." The JP is clearly exasperated. Her arms are outstretched and she has a look of disbelief on her face as she says, "Who is the best person to call? Anyone? Am I talking to myself? I guess I am. Any ideas? Please!"

While the court is waiting for the video problem to be fixed, the JP asks for people who were supposed to be at 9 but showed up late to come forward. The video problem is eventually fixed.

At 2:25pm, a defendant who is in custody appears in the box. He was brought to court by mistake. He was supposed to appear by video. The JP asks the man, "Do you have bail on these charges." The duty counsel says yes he does, but he is in custody on other matters. The JP says something that seems to confuse the prisoner who shakes his head in apparent exasperation.

Wednesday July 30, 2008

2pm courtroom 111, old City Hall. I'm here because Isahaq Omar and Keane Webb are making a joint appearance. There is a problem with the video today. The audio is out of sync with the image. For a while the image is frozen, although the audio is working.

Wednesday August 6, 2008

By Jutta Mason, CELOS researcher.

At 9.45 a.m. there were about half a dozen camera guys plus a few reporters standing by the front entrance of Old City Hall. They were fishing for anyone connected with Igor Kenk, arrested for bike theft. A young blond reporter was on her cell phone and all of a sudden she waved urgently at the cameramen, for them to go in. But she didn't stop talking on her cell phone, and the camera guys looked confused. They went in the door and then came out again. The reporter got off her cell phone and said, it was a surety!! He dyed his hair but I'm sure it was one of his sureties!!

She went inside but the camera guys stayed out, discussing whether it was the surety or not. All morning the reporters went in and out of the courtroom, trying to get their Kenk story. That was the plot of their movie. They seemed completely unaware of the other storylines unfolding all around them, in Bail Court (Room 112):

1. An older Portuguese man pleaded guilty to assaulting his wife by sticking out his chest and bumping against her in a restaurant, so that she lost her balance and fell down. It turned out that it was her restaurant, and she hadn't called the police, a bystander had. She'd used the police many times before, though, because her husband had a drinking problem and when he got drunk and acting up she wanted him out. The man's lawyer said that the rest of the time, the wife needed her husband as the sommelier at her restaurant. So his sentence ended up having the bail condition that he couldn't come within 200 meters of the restaurant except when his wife wrote a letter saying that he could be there to work.

At sentencing, the judge asked whether the man had anything to say. He did -- he listed all the many alcohol rehab programs that he had attended all over Toronto, including at the Dufferin Mall. The judge complimented him on his perseverance, and urged him to try even harder.

2. A man who may be Eastern European pleaded guilty to stealing and then abandoning a car. His lawyer said he has a substance abuse problem. When sentencing him (to a few more days in jail -- he'd already been there for a while), the judge said: "stealing a car by banging the ignition like you did is quite a skill -- too bad you can't put that skill to better use."

3. When the court clerk reads out a charge, she speaks so quietly and quickly that it really seems she wants to make sure that no one can hear her. Frustrating. So it took a while to figure out why a guy was pleading guilty to stealing cheese. It emerged that he also has a substance abuse problem. He stole about $500 of gourmet cheeses at No Frills and was able to leave the store, but they caught his image on the CCTV. A police officer came across him on the street soon after, recognized him, and arrested him. This time he had a bag of good cuts of meat with him. It turned out he'd stolen them from an A&P store, and that they were worth about $200. He intended to sell them to buy cocaine.

The judge said the guy would get a sentence that amounted to time served already, plus 18 months probation. he noted that the lawyer had said that although his client had been convicted of two thefts and six robberies, he seeemd to have been doing better in the past two years. The judge asked the thief if he wanted to speak. The thief said he was embarrassed, and planned to move away from the area (Queen and Lansdowne)when he was released, so it wouldn't be so easy to get drugs.

4. A young Guatemalan man pleaded guilty to drinking. He had been on probation from a previous charge of damaging the hood of a car by banging it with his fist, when he was drunk. Then he had been found drunk on Bloor Street at Emerson Avenue, yelling and crying loudly on a cell phone. So he was arrested for breach of probation. The lawyer said that the man worked at a restaurant where the staff were aware of the drug problem. But he was also a good worker and they were keen to have him back, as soon as he could get out of jail. He had to return the next day for another (unnamed) charge, so he wasn't released.

It's hard not to wonder if is there isn't a more direct way to engage all these malefactors who steal steaks and bang car hoods and take cars for joy rides -- simpler than having an army of people working in these huge buildings -- police stations, Old City Hall, Don Jail -- so that there can be these little 15-minute accounts from strangers, registering their troubles and their bad behaviour. What are judges to do, other than hand out another 14 days in jail and then probation, pulling in another army -- of probation officers?

One of the things that's very noticeably missing is any restitution. What if the car thief would have to wash that owner's car ten times and cut her lawn ten times and repair her back stairs? And if she didn't want to see him directly, that he'd have to do it for someone she designated? Complicated -- but maybe less peculiar than the great big ballet that goes on now.

Wednesday October 15, 2008

Three of the people whose cases CELOS is following are on the 2pm video docket in courtroom 111, old City Hall: Jerry Leblanc, Isahaq Omar, and Shahin Pirouzi. The video system isn't working properly. While people in the courtroom can see and hear the prisoners, the prisoners can only hear. The image on the video screen at the jail is blue.

Pirouzi's lawyer left a message asking the Justice of the Peace to bring Pirouzi back on October 29. The JP agreed, but wasn't happy. He told the law student appearing for Pirouzi's lawyer: "You might want to tell your lawyer we can't keep bringing back people by video on two-week intervals unless there's a good reason."

Monday October 20, 2008

9am courtroom 505, College Park I'm here for a video appearance by Shahin Pirouzi. Before Pirouzi appears, the court deals with a Cantonese-speaking woman in custody at the Vanier Centre for Women in Milton. The women doesn't speak English and can't understand what the Justice of the Peace and the lawyers are saying. A Cantonese interpreter had been ordered, but for some reason didn't show up.

Monday October 27, 2008

A preliminary hearing for Isahaq Omar and Keane Webb was scheduled for 10am in courtroom A, Old City Hall, but the hearing was postponed until tomorrow, because a lockdown at the Don Jail made it impossible for guards to bring Omar to court. Webb, who is in custody at the Toronto East Detention Centre, was present.

Tuesday November 4, 2008

It is common for defendants at Old City Hall to need an interpreter. Today there is an unusual situation in that the couple that own the Kiss Cup Bar and Restaurant need two interpreters: a Cantonese interpreter for the husband who is from Hong Kong and a Mandarin interpreter for the wife who is from mainland China. No interpreter is available today, but two are ordered for the next court appearance. Also, the daughter's name is spelled differently than the father's. His spelling reflects Cantonese pronunciation while hers mirrors Mandarin.

At 2pm I'm in courtroom 111 for video appearances by Frederick King and Nosa Iyirhiaro. The Crown attorney on duty is Flaherty who often makes sarcastic remarks. At the beginning of the afternoon session, he looks over to where the lawyers are sitting and says, "So many many lawyers here. I feel intimidated by the presence of so many legal geniuses."

Friday November 16, 2008

At 10am I'm in courtroom 124, Old City Hall for the second day of the preliminary hearing for Isahaq Omar and Keane Webb. There are students in the courtroom. Throughout the hearing, which lasts all day, students enter and leave. When one group of students exits they bow in imitation of the lawyers and other court officers. They smile and laugh self-consciously.

Before the bail hearing starts the court addresses the matter of an older Portuguese man who speaks no English. He is helped by the female Portuguese interpreter I often see in courtrooms 101 and 111. For some reason not clear to me the court can't deal with his case right away. When Justice Marion Lane explains the situation to him, she says "Disclosure is the information provided by the Crown that sets out the case against you." The man sits in court until 12:30 when the Crown attorney asks the man to come forward. She tells him the Crown is withdrawing the charges because its witnesses aren't here. He is free to go, but he doesn't understand a word. He is told to sit down until the Portuguese interpreter comes back. When she arrives a few minutes later she takes him outside to explain what has happened.

Tuesday November 18, 2008

I am in courtroom 114, Old City Hall for video appearances by Nosa Iyirhiaro and Frederick King. When the court session starts at 11, the guard at Vanier says he has no visual of the courtroom. He can hear what is being said, but can't see anything. The guard asks the clerk in 114 to disconnect and try again. The clerk does as she's asked, but that doesn't solve the problem. Court proceeds with the video problem not fixed.

Tuesday December 2, 2008

I am in courtroom 114, Old City Hall for a video appearance by Nosa Iyirhiaro, who is in custody at the Don Jail. There is a lockdown at the Don. Iyirhiaro, along with all the other prisoners at the Don, cannot appear on screen. Because Iyirhiaro doesn't appear, the Justice of the Peace issues a bench warrant with discretion.

From the website of the Ministry of the Attorney-General:

Tuesday December 30, 2008

Today in courtroom 111, Old City Hall Justice of the Peace Cresswell made an observation about the demands being put on legal aid: "With the problems at General Motors and everything it's going to get much harder I can tell you."

Monday January 26, 2009

There was a small incident in courtroom 101 (bail court) today. A little after noon, the Justice of the Peace became upset because lawyers and court staff were talking too much for his liking. He stood up and said "I'm not going to sit here listening to all this chatter. When you are finished, let me know. Meanwhile, I'm leaving." After the JP left, a clerk said court was "adjourned until further notice". She asked people sitting on the public benches (the body of the court) to leave but told court staff to stay. As I got up to leave, I noticed court staff chuckling over the JP's behaviour. When the JP returned at 12:30, the clerk announced loudly: "No talking in court." The JP who appeared calmer urged people to keep their voices down, saying "This is not the best courtroom in which to function."

Wednesday January 28, 2009

Things moved slowly today in courtroom 101 (bail court) because there was a work slowdown at the Don Jail. Court began at 10, but recessed for half an hour at 10:30, because it had to wait for more prisoners to arrive.

During the morning session in 101, the JP grew slightly impatient with a prisoner who was slow to answer a question. The JP said, "Quickly sir, what do you want to do?" When the man replied, "I want to get out", the court clerks shrugged and laughed.

During the lunch break a Muslim found a corner outside the courtroom to prostrate himself and pray. At the same time a little Asian boy was running around the corridor smiling and having the time of his life while his mother chased after him. At the same time, another mother who was in court the third straight day for her son was standing in the hallway looking worried and tired.

Friday January 30, 2009

Business in courtroom 101 (bail court) is being affected by a lockdown at the Don Jail. Before court starts at 10, anxious people ask the guard and duty counsel if the prisoners they are here for have arrived. When the session begins, the Crown attorney asks if the prisoners are here. A guard says the only prisoners here are "new arrests."

Tuesday March 3, 2009

A man appearing by video this afternoon in courtroom 111 (set-date court) needs a Russian interpreter, but she hasn't arrived yet. However, one of the lawyers in court today is a Ukrainian-Canadian woman who speaks Russian. (Ukrainian and Russian are related languages.) She helps translate until the Russian interpreter arrives.

Friday June 5, 2009

I'm at Old City Hall today for a 2pm video appearance by Jeron Powell in courtroom 111. Before going to 111 I check the printout of the docket that can be found in the provincial Crown's office on the first floor. I notice that Felice Scala is also on the 2pm video docket in 111. Scala and his son Ralph are the accused in the so-called "neighbours from hell" case. Read more. When I go to 111 I see Scala's lawyer, Gordon Goldman, talking to a younger man I don't recognize. When a Crown attorney walks by, she stops to talk to Goldman.

At 2pm the court officers unlock the door. I go in and sit down on the bench behind the prisoners' box. I like this spot because it seems to be the best place to hear what the lawyers and the Justice of the Peace are saying. The acoustics in 111 are very bad. I would say of all the courtrooms in Old City Hall in which I've sat, this is the worst one for sound. The public benches (the body of the court) is separated from the JP's bench in the front by the prisoners' box and the stairs that lead downstairs to the cells. The box and the stairs are enclosed in plexiglass which forms a wall that divides the courtroom in two. Also, 111 is often crowded and people talk to each other even when they're warned by the uniformed court officers not to.

After I sit down, Felice Scala enters the courtroom and sits behind me next to the man I had seen in the corridor talking to Goldman. The younger man has what I think is a Scottish accent. I'm surprised because on May 8 a Justice of the Peace denied him bail after he had been rearrested and charged with breaching the conditions of his bail. Read more. Police say Felice violated a no contact order that forbids from communicating with his son Ralph. Read more. Scala walks with a stoop and appears weak.

Scala is the first case the court deals with. Goldman tells the Justice of the Peace that Scala was released on Monday after a bail review in Superior Court. The Crown attorney gives Goldman disclosure on the failure to comply recognizance charge. The JP orders Scala to come back to courtroom 111 at 9am on Friday July 3.

Tuesday June 9, 2009

I was in courtroom 114 today because Igor Kenk was appearing briefly by video. When Kenk came on screen at 11:35, a man sitting behind me said, "Hey, it's the bike guy."

This morning in 114, the Crown attorney told a man appearing by video that his charges had been stayed. The man asked what that meant. The Crown repeated that the charges had been stayed. The man asked again what that meant. Finally, the Crown said this:

"There is a slight technical difference between a charge being stayed and being dropped. We can reinstate the charges within a year. Basically, the charge is dropped."

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