Documents in criminal proceedings in the Ontario Court of Justice must be served and filed in accordance with the Court’s Practice Direction: Serving and Filing Criminal Court Documents.
Serving and Filing Criminal Court Documents Practice Direction:
Read full practice direction
At certain stages of a criminal proceeding, accused persons and counsel may be permitted to attend court via telephone or Zoom. The Court’s Guidelines regarding Mode of Appearance for Ontario Court of Justice Criminal Proceedings, list what modes of appearance are permitted at each stage of criminal proceedings.
Interim Guidelines re Mode of Appearance for Ontario Court of Justice Criminal Proceedings:
Read full guideline
The Court’s Protocol Regarding the Use of Electronic Communication Devices in Court Proceedings applies to all court users and the media. It sets out rules for the use of cell phones and computers in court proceedings.
The Court’s Media Access to in-person, video or teleconference court proceedings and Policy Regarding Access to Digital Audio Recordings ensure that members of the public have appropriate access to court proceedings and audio recordings of court proceedings.
Members of the media who wish to access digital court recordings should consult the Joint Courts' List of Designated Media for Access to Digital Court Recordings.
Lawyers and paralegals who wish to access digital audio recordings should complete the Undertaking of Counsel/Licensed Paralegal of Record to the Court for Access to Digital Court Recordings/Request Form: Word, PDF
Others who wish to access digital audio recordings should complete the Undertaking to the Court for Access to Digital Court Recordings/Request Form: Word, PDF
The Ministry of the Attorney General manages court records. Its Court Services Division Policies and Procedures on Public Access to Court Files, Documents and Exhibits explains which court documents are available to the public and how to access them.
Useful resources:
Undertaking to the Court for Access to Digital Court Recordings/Request Form
Undertaking to the Court for Access to Digital Court Recordings/Request Form
Bail hearing procedures are set out in the Ontario Court of Justice Protocol Re Bail Hearings
Individuals may apply to vary their release conditions by electronic means rather than attending at the courthouse. The Court’s Consent Variation Procedures for Release Orders and Police Undertakings govern consent variations of release conditions.
Individuals who have been released by the Court should use the Application for Consent Variation of Bail Form.
Individuals who have been released by the police should use the Application for Consent Variation of Police Undertaking Form.
Find out more about bail hearing procedures:
Bail Hearings Protocol
Consent Variations Procedures for Release Orders and Police Undertakings
Read full procedures
Useful Resources:
Consent Variation of Bail
Consent Variation of Police Undertaking
The procedures for appearing in case management courts are set out in the Court’s Practice Direction: Criminal Case Management Appearances
In accordance with the Court's Practice Direction: Waiver of Personal Attendance and Request for Adjournment/Remand by Accused Person in Custody, accused persons who are in custody may waive their right to appear personally before the Court to request an adjournment, by instructing defence counsel to complete and file the Waiver and Request for Adjournment / Remand in Accused Person’s Absence Form on their behalf.
Accused persons who are represented by counsel and who have filed an Enhanced Designation of Counsel may have their matters adjourned, without the accused personally appearing, in accordance with the procedure set out in the Practice Direction: Enhanced Designations of Counsel. They may do so using the Sample Enhanced Designation of Counsel Form
The Court’s COVID-19 Judge-led Intensive Case Management Courts notice explains the role of judge-led intensive case management courts (JICMCs) and provides links to the connection information for these courts.
The Ontario Court of Justice has established a remote procedure for setting dates for preliminary inquiries and trials, using a combination of an online Trial / Preliminary Inquiry Scheduling Form and a trial scheduling conference with the Trial Coordinator’s office. Details of this procedure are found in the Procedure for Scheduling of Criminal Trials and Preliminary Inquiries.
Once dates have been set, the Court’s Practice Direction: Trial Dates directs that the preliminary inquiry or trial proceed on those dates.
If a section 11(b) Charter application is brought for a stay of proceedings based on unreasonable delay, the Court’s Provincial Practice Direction regarding Time Limits for Oral Arguments on s.11(b) Charter Applications in Criminal Proceedings applies.
Useful Resources:
Notice of Election Form
Trial / Preliminary Inquiry Scheduling Form
JPTs are held by videoconference, unless otherwise directed by the presiding judge. In accordance with the Interim Guidelines re Mode of Appearance for Ontario Court of Justice Criminal Proceedings, self-represented accused who lack technology will be accommodated with an in-person JPT.
Judicial Criminal Pre-trial Best Practices and Rule 4.2 of the Criminal Rules of the Ontario Court of Justice provide more information about JPTs.
Interim Guidelines re Mode of Appearance for Ontario Court of Justice Criminal Proceedings:
Read full guideline
Useful Resources:
Peace bond applications in the Ontario Court of Justice are explained in the Guide for Applying for a Peace Bond and related Peace Bond Application Form.
Peace bond applications in the Ontario Court of Justice are explained in the Guide for Applying for a Peace Bond and related Peace Bond Application Form.
Useful Resources:
Guide for Applying for a Peace Bond
Peace Bond Application Form
If you wish to apply to lay a charge against another person, you should review the Guide for Applying for a Private Prosecution. Since this guide was developed, the Ontario Court of Justice has introduced an electronic procedure for private prosecution applications. Applicants now have the option of completing and submitting their application either in person (by attending at the courthouse) or electronically. To find out more about the electronic application procedure, please contact your local courthouse. Before contacting or attending the courthouse, please review the Guide for Applying for a Private Prosecution and the Private Prosecution Application form, which may answer many questions that you have. Please note that the courthouse staff and Justices of the Peace/Judges cannot provide you with legal advice.
Certain practice directions apply only to local courts. These are listed below:
Many individual courthouses also have protocols that are applicable to that court alone. These protocols cover subjects such as any special arrangements for those appearing in court for the first time, or the process for obtaining a judicial pre-trial.
Contact the local courthouse directly to find out more about local courthouse protocols:
Ontario Courthouse Contacts