During this reporting period, each of CSD’s regions and corporate branches continued to deliver on their independent operational plans. These operational plans ensure the division is meeting its strategic goals and priorities as identified in the CSD Strategic Plan.

The initiatives below are samples of how the division is implementing its strategic plan. The success of these initiatives can be attributed to the unique blend of operational policy, program, and expertise that CSD staff across the province bring to delivering high quality justice services.

People first

Promote a culture of anti-racism, reconciliation, accessibility and inclusivity.

Performance goals:

  • Investment in supporting a culturally relevant and responsive justice system.
  • Support diversity dialogues and training focused on Black, Indigenous and racialized communities.
  • Ensure barrier free diverse recruitments.

Mental health initiatives

CSD participates on the ministry-wide Mental Health Committee. The committee is a forum for developing and presenting a ministry strategy and recommendations for action, in support of the Ontario Public Service’s mental health framework. The strategy is presented to the ministry’s senior management team of the ministry with a view to:

  • improve employees’ awareness of mental health well-being in the workplace
  • educate managers and employees about mental health well-being
  • identify gaps or needs in existing tools and resources
  • leverage existing tools and resources and/or creating new tools and resources to support employees and managers in building and maintaining a healthy workplace
  • ensure an anti-racism and inclusion lens is embedded in committee-led programs or initiatives. 

Diverse interview panel program

The Ministry of the Attorney General participates in the Diverse Interview Panel Program (DIPP), which is maintained through partnerships with other ministries. DIPP was created based on best practice research and in response to trends in the Employee Experience Survey results that highlighted a need to address bias, transparency, and fairness in the hiring process. The goal of DIPP is to make it easier for hiring managers to source a more representative interview panel and ensure greater diversity of the recruitment team.

The DIPP does this by providing hiring managers with a registry or pool for sourcing volunteer managers from the demographic groups, (identified as under-represented within the OPS), to participate on their interview panels. These volunteer managers receive orientation and training and are also provided with an opportunity to build and enhance their interviewing skills, expand their network, and contribute to diversity of thought and perspectives as an interview panel member. For both parties, their participation has the potential to further enhance fairness, and reduce bias and perceived systemic barriers that may be inherent in the recruitment process. The division is committed to ensuring diverse recruitment panels whenever possible and leverages the DIPP as needed to help achieve this goal.

Vicarious trauma support for employees

The Ministry of the Attorney General’s Vicarious Trauma Committee was established in 2013. The mandate of the committee is to research and develop programs for ministry staff and managers that will assist them in recognizing when they are being impacted by vicarious trauma and then access the appropriate level of assistance.

The Vicarious Trauma committee worked with LifeWorks (formerly Morneau Shepell), the Employee and Family Assistance Program provider for the Ontario Public Service, to develop an e-learning vicarious trauma awareness program for all ministry staff and managers. The online mandatory training was rolled out to the division’s staff in 2020 and is on-going for new employees.

Coordination of accessibility services

The division reviews and updates guidance materials and procedures for accessibility coordinators and supports accessibility training in partnership with the ministry’s Diversity, Inclusion and Accessibility Office.

The ADAG is the co-chair of the Ontario Courts Accessibility Committee (OCAC), along with Associate Chief Justice Fairburn of the Court of Appeal for Ontario. The OCAC has representatives from:

  • all levels of court
  • legal organizations
  • government senior management
  • advocacy organizations for persons with disabilities

The committee meets every 3 months to discuss community and facility needs as well as accessibility support in courthouses. The committee provides advice to the courts and ministry on accessibility-related matters, including the recommendations outlined in the Report of the Committee on Accessibility to the Justice System for Persons with Disabilities, in support of an accessible, barrier-free court system in Ontario.

Accessible Court Forms

All court forms posted on the Ontario Court Forms website are available in accessible-compliant PDF and Microsoft Word formats in both the English and French languages. In addition to the PDF accessible versions, the ministry continues to extend an active offer for alternative formats, for example, Braille, to ensure accessibility for all Ontarians in compliance with the Accessibility for Ontarians with Disability Act, 2005.

Gender-neutral pronouns in Ontario’s Court System

To promote a more inclusive workspace, direction was provided to CSD staff in 2021 on the importance of inviting court participants to share their pronouns. Staff are also encouraged to actively share their pronouns.

CSD manuals and forms continue to be regularly reviewed and updated to remove barriers to accessibility and ensure gender-neutral language.

Access to French Language Services

The Ministry of the Attorney General, in partnership with the Superior Court of Justice and the Ontario Court of Justice and other key justice participants, completed an initiative in Sudbury (2019–2020) and subsequently in North Bay (2021–2022) to identify more opportunities to deliver enhancements to Franco-Ontarians accessing court services and having French or bilingual court proceedings heard in those communities.

On February 1, 2022, section 126 of the Courts of Justice Act expanded access to justice for Franco-Ontarians. CSD implemented amendments to strengthen access to justice in French by enabling more pleadings or other documents filed by a party, and a process issued in or giving rise to a proceeding, to be written in French and expanding access to translation of documents. This means that parties have the right to file documents written in French at all Ontario courts, in all types of proceedings, and to request and receive from the court the translation of any filed document that is written in English or French into the other language.

CSD also implemented the new official language provisions in section 23.2 of the Divorce Act, which came into effect in Ontario on February 1, 2022. These provisions allow proceedings under the Divorce Act to be conducted in English or French or both, and allow any person to use either official language, including to file documents, give evidence and make submissions. Section 23.2 also guarantees the right of any party to a judge who speaks the same official language or both official languages and contains other provisions that support official language rights in proceedings under the Divorce Act.

The division ensures clients are aware of the option to request French language services, and all new staff are made aware during their initial orientation period of French language services obligations and of the resources available to them.

Cultural awareness

CSD and the ministry’s Indigenous Justice Division co-chair a working group that has developed a draft protocol to support the Indigenous practice of smudging and pipe ceremonies in ministry buildings, including courthouses. The protocol reflects the ministry’s recognition of the rights of Indigenous people to conduct cultural practices, and that smudging and pipe ceremonies are deeply spiritual and a way of life for many Indigenous people.

Once finalized, the protocol will provide guidance to ministry staff in supporting Indigenous people who wish to smudge or conduct pipe ceremonies in ministry spaces.

Indigenous Cultural Competency Training

CSD, along with the broader Ontario Public Service, has committed to participating in comprehensive Indigenous Cultural Competency Training. The initiative has participants attending a multi-module virtual training with interactive feedback. This virtual training also hosts numerous online discussions with facilitators and fellow participants over an 8 week period.

The division is committed to ensuring all managers, head office staff and staff attend the training. Many frontline employees in communities with large Indigenous populations have taken the training and the division remains committed to ensuring all remaining staff receive the training as operationally feasible.

Committing to employee engagement

CSD’s employees participate in the annual Ontario Public Service (OPS) Employee Experience Survey, which provides the division with valuable statistics and understanding of our organization. The division is committed to using the findings from this survey to continually improve the experience of our employees. A divisional committee is responsible for analyzing the findings, comparing them to the broader OPS, and reporting back on the initiatives that are undertaken to ensure the division is responsive to issues identified by our workforce.

Juror Support Program

The Juror Support Program (JSP), also delivered by LifeWorks, provides free and confidential counselling to jurors at the end of a trial or coroner’s inquest. Participation in the JSP is voluntary on the part of the juror.

  • As of March 31, 2022, over 250 counselling hours have been provided.
  • The total hours of counselling in 2021 were 72% less than 2019 due to the suspension of jury trials during parts of the pandemic. The total hours in 2021, however, increased by 250% from 2020 (the onset of the pandemic).
  • Uptake of the program is expected to rise as the number of jury trials increase in 2022-2023.

Public access computers and printers in Family Law Information Centres

In order to improve public access to family justice information, the division continues to pilot public access computers and printers in 16 Family Law Information Centres (FLICs) across Ontario. This initiative allows FLICs clients to use this equipment to access online family justice resources and complete and print court forms for filing.

Limited, pre-COVID‑19 qualitative data indicated that computers in FLICs should form part of regular services, but the most recent quantitative data (April 2019–March 2020) suggests that they were not frequently used resources in all court sites.

As currently designed, the computers and printers in FLICs offer clients the tools to browse online resources and print materials at the courthouse.

The onset of COVID‑19 and the resultant shift to online/remote service delivery has impacted the service. The ministry will continue to consider its future plans for these services.

Supporting client focused services

The division evaluates services to ensure the efficient and optimal allocation of court resources, enhanced access to justice, and the provision of alternate service options.

Backlog recovery

Support pandemic backlog recovery and ensure continued access to justice for all Ontarians.

Performance goals:

  • Lead/support the implementation of virtual court hearings to augment in-person hearings.
  • Support staff and justice participants with processes and procedures that reduce the caseload backlog for all lines of business.

COVID‑19 pandemic emergency response

In 2020 and 2021, CSD introduced measures to maintain the delivery of court services while in-person access to courthouses was restricted as a result of the COVID‑19 pandemic. Critical issues impacting all court practice areas (criminal, family, civil, small claims, bankruptcy, estates and Divisional Court) were identified and assessed to develop recommendations for immediate reform to court operations in court locations across the province. For example, the division:

  • identified and analyzed critical services in SCJ and OCJ court operations across all business lines and options to reduce attendance at courthouses to promote health and safety during the pandemic
  • suspended counter service delivery in the Small Claims Court and limited counter service delivery in the SCJ and OCJ in order to keep all court users safe and to prioritize electronic filings and transactions
  • identified and implemented strategies to enable virtual hearings and urgent hearings
  • Developed and implemented temporary procedures for email filing of court documents and requests for copies of court documents
  • implemented authentication of electronically issued court documents and electronically certified court documents
  • implemented use of electronic signatures by court staff, judges, litigants and lawyers/paralegals
  • identified and implemented strategies to temporarily hold on the immediate payment of court filing fees to allow filing of court documents by email
  • expanded online filing services through Justice Services Online to allow over 500 additional civil, family and small claims court documents to be filed online

The division also implemented emergency orders issued by the government and notices to the profession and public issued by the SCJ and the OCJ , including:

  • emergency orders suspending court rules and legislative timeframes
  • emergency order requiring electronic service of court documents on Her Majesty the Queen in Right of Ontario
  • emergency orders authorizing virtual signing of wills and powers of attorney
  • regulation authorizing the remote administration of oaths and declarations
  • SCJ orders directing the suspension of certain civil and Small Claims Court sittings, and directing the scheduling of remote hearings and trials in the Small Claims Court
  • SCJ moratorium on residential evictions
  • Divisional Court centralization for intake and management, and subsequent transition of intake and management responsibilities back to the regions

Video strategy

Together, the Ministry of the Attorney General (MAG), the Ministry of the Solicitor General (SolGen), and the courts are working to build a more accessible, responsive, and resilient justice system by establishing new and innovative ways of delivering services remotely, in-person and online as part of the MAG Justice Accelerated Strategy and the SolGen Criminal Justice Video Strategy.

Both the Virtual and Hybrid Hearings (VHH) and the Criminal Justice Video Strategy (CJVS ) projects aim to improve remote capability and capacity, thereby improving access to justice. Although they are complementary, they each have distinct goals.

The VHH initiative is focused on modernizing and expanding audio and videoconferencing capabilities in courtrooms across the province for all participants in all types of matters. Courtroom installations under this initiative began rolling out in 2021–2022. By March 31, 2022, 40 VHH installations were completed. CSD continues to work with justice participants to roll out additional installations to its high priority courtrooms.

The CJVS is aimed at modernizing and delivering video conferencing for in-custody appearances for criminal matters between court locations and correctional facilities. As well, CJVS supports video consultations with defence counsel for in-custody accused. During the reporting period, 2 installations for CJVS were rolled out.

The COVID‑19 pandemic has resulted in a number of challenges and delays for the delivery of VHH and CJVS , including:

  • global supply chain disruptions impacting the procurement of videoconferencing equipment and construction materials
  • health and safety protocols impacting access to courts and institutions
  • more demands on staff with technological expertise

The CJVS project scope was also expanded. The original CJVS strategy focused on moving to remote appearances for 90% of most types of pre-trial court appearances in the Ontario Court of Justice. In response to the pandemic, the scope expanded to potentially include all types of court appearances, including longer duration appearances, such as complex bail hearings, preliminary hearings and trials, where deemed appropriate by the presiding judicial official.

The pandemic has highlighted the need for a shift in technology solutions to reflect that the “end point” connection for court participants is now distributed across various remote locations (for example, home offices and lawyer offices), rather than concentrated in courthouses.

Video conferencing

In May/June 2020, Bell teleconference lines and Zoom licenses were purchased as an off-the-shelf solution to support virtual hearings as a means of continuing court appearances remotely as a result of the COVID‑19 pandemic.

Online video conferencing continues to be used to enable participants to attend court virtually with audio/visual capabilities, as well as allow for hybrid appearances (such as, attend virtually and/or in person).

In early 2021, a Virtual and Hybrid Hearings (VHH) Working Group was formed to oversee additional funding to support more technology being introduced at various courthouses, Zoom hearings and remote witness/accused testimony support. The VHH working group is improving courtroom capabilities for holding remote hearings across the province and seeks to support the Justice Accelerated Strategy by providing seamless end-to-end online client experiences. The VHH initiative will improve access to justice by making it easier and more convenient for court participants to engage with the courts virtually, regardless of where they are in the court process or the province.

Civil court rules

CSD continues to lead and participate in the Civil Rules Committee’s ongoing work to improve procedures for litigants in civil proceedings in the Superior Court of Justice (SCJ), Small Claims Court (SCC), and Court of Appeal for Ontario (COA).

During the reporting period, civil and estates court processes were improved through 21 regulations amending the Rules of Civil Procedure (in the SCJ) and the Rules of the Small Claims Court that increased access to justice, streamlined civil and estate court processes and introduced new electronic processes to support virtual hearings and steps in SCJ civil, estates proceedings and Small Claims Court proceedings.

The rule reforms include the following:

  • Increasing the monetary threshold for “simplified procedure” in the SCJ from $100,000 to $200,000, eliminating jury trials in actions proceeding by way of simplified procedure, limiting simplified procedure trial duration to 5 days and limiting cost and disbursement recovery in simplified procedure cases.
  • Providing for the use of new online document filing portals, Civil Submissions Online and Small Claims Court Submissions Online, and expanding the use of the Civil Claims Online filing portal.
  • Providing for the use of a new document sharing platform to enable virtual hearings in specified SCJ civil matters (CaseLines).
  • Expanding the use of e-mail for service of documents in the SCJ and SCC , and eliminating service by fax.
  • Permitting the use of videoconference or teleconference in almost all steps in an SCJ civil proceeding.
  • Establishing a process for electronic certification of court documents.
  • Authorizing the use of electronic signatures by court staff, email delivery of court documents by court staff and electronic issuance of court orders and other court documents.
  • Authorizing electronic service and filing of transcripts in SCJ civil and Divisional Court proceedings.
  • Revoking the requirement to include a document in paper format where it is filed online through the civil or smalls claims online filing portals.
  • Removing references to the office of a traditional master (in line with Courts of Justice Act amendments).
  • Aligning the SCJ civil rules to amendments to the Class Proceedings Act and Crown Liability and Proceedings Act.
  • Clarifying the factum requirements for motions for leave to appeal to the Divisional Court.
  • Authorizing service of probate documents by email, allowing electronic issuance of probate certificates, standardizing estate court registrar notices to applicants, allowing email delivery of these notices and aligning the estate court rules with Estates Act amendments, decentralizing the probate record search process.
  • Establishing a new procedure for probate of “small estates” (defined as estates with a value of $150,000 or less, as set out in Reg. 110/21 under the Estates Act, effective April 1, 2021).
  • Making it easier and less costly to apply for probate of an estate of any value by reducing the number of forms by 35 forms; creating new, simpler forms; improving the rule and form guiding language; and making other procedural changes.
  • Aligning the estate court forms with Succession Law Reform Act amendments that change the impact of marriage and separation on an existing will as of January 1, 2022.
  • Changing pre-trial conference processes to reduce the frequency of adjournments and wasted pre-trial conferences to enable better use of judicial, staff and courtroom time.
  • Revising timelines to confirm a motion and application to ensure that parties can comply with CaseLines (a cloud-based document sharing and e-hearing platform) submission requirements and allow time for processing and review of document submissions.
  • Other housekeeping changes, including removal of references to fax numbers on forms and changes to the jurat on affidavits to reflect remote processes.

Family court rules

CSD continues to lead and participate in the Family Rules Committee’s ongoing work to improve procedures for family law litigants.

For example, the Family Law Rules were amended to do the following:

  • Promote clarity in the law, party cooperation, access to justice, autonomy for child parties, and efficient use of family court time through amendments made in relation to expert evidence rules and the procedures for parties under the age of 18.
  • Help simplify and streamline the family court process by permitting regular service by email without the other party’s consent or a court order.
  • Protect parties’ privacy and identity by limiting personal information filed in publicly accessible court records through a new requirement that parties redact sensitive personal information (for example, bank account numbers and social insurance numbers) from family court documents prior to filing them with the court.
  • Support the electronic filing and issuing of family court documents, including a new rule to permit electronic signatures on documents that are e-filed, and provision for the creation and maintenance of court records in electronic format.
  • Reflect changes to the federal Divorce Act and complementary updates to Ontario family legislation.
  • Enhance the court’s authority to make orders that all or any part of a case be heard using telephone or video technology.
  • Permit a standard order for financial disclosure to be issued automatically for all applications, motions to change or responses to motions to change when claims are first made with respect to decision-making responsibility, parenting time, family property, the matrimonial home or support, thereby creating efficiencies and helping cases move forward.
  • Support and track initial claims for the wrongful removal of children, with an emphasis on dealing with these cases expeditiously via case management, set timelines for appearances and new requirements for CSD to forward to the Office of the Children’s Lawyer all applications and answers where international wrongful removal is alleged.
  • Permit a judge to make an order to combine a case conference and settlement conference by Form 14B: Motion Form, or at any other time during the proceeding, if the parties have resolved or attempted to resolve 1 or more of their issues through family mediation or a legal aid settlement conference.
  • Remove fax as an option for communicating or filing material with the court.
  • Encourage financial disclosure before a case conference.
  • Encourage more procedural direction at the first attendance on motions to change, with clearer guidance on the powers of the court and promote efficient progress of motions towards a final disposition.
  • Enhance the requirement of parties to confer before a case conference and highlight the consequences if parties do not confer as required.

Justice Services Online

The Justice Services Online (JSO) platform was expanded during the pandemic to host a number of online filing submissions portals and a Court Case Search Tool, in addition to the pre-existing Civil Claims Online and Family Claims Online portals.

These new portals were launched to continue to provide access to justice services for the public in a safe and responsive manner during the COVID‑19 pandemic. Ongoing enhancements continue to be made to support backlog recovery and modernization efforts. See the initiatives listed under the Modernization Priority below for additional details.

Court reporting improvements

Court Reporting Services (CRS) continues efforts to ensure that court reporters understand the importance of taking a good quality court record and ensuring recordings are stored in a safe and secure manner. During the reporting period, CRS did the following:

  • Implemented and provided staff training for Bell teleconference lines, which allowed additional audio capacity for virtual proceedings and the automatic uploads of recordings to an online portal system.
  • Was involved in numerous training initiatives related to virtual and hybrid court appearances, including:
    • conducting sessions for over 1,500 court staff
    • the development of materials and resources, teleconference etiquette tip sheets, remote recording hearing guides, and a Zoom training guide for court staff
    • procured 172 additional portable digital recording devices and software licenses to immediately support remote hearings across the province
  • Established a working group with Justice Technology Services (JTS) to develop an interim set-up to improve the sound quality for hybrid appearances in non-supported Justice Video Network (JVN) courtrooms.
  • Conducted stakeholder consultations with legal associations/ordering parties and authorized court transcriptionists to get their feedback on the use of electronic transcripts and the impact on business during the COVID‑19 pandemic.
  • Implemented a court audio feedback survey for authorized court transcriptionists to fill out when there are audio quality issues with the court recording they receive for transcription purposes in order to identify and make improvements to address issues with the audio recording.
  • Worked with JTS to develop a digital recording device re-naming utility to provide field staff with the ability to alter the name of recording files to ensure they were uploaded to the correct court location and could be found easily.
  • An interim solution for set-up of courtroom equipment to improve the sound quality for hybrid appearances in non-supported Justice Video Network (JVN) courtrooms across the province.
  • A re-naming utility that allows court reporters taking the record remotely at another court location to send recordings directly to the specified court location for upload and storage.
  • Fetch Remote Dockets as an added feature to the renaming utility to allow court staff to download dockets to the digital recording devices (DRDs) on demand. In addition, it allowed remote reporters requiring dockets from different court locations can obtain dockets with ease by selecting the court location they are reporting for.
  • Clarification for authorized court transcriptionists (ACTs) on the process to report audio quality issues and when transcripts cannot be produced.
  • Clarification to courthouse management on how to address issues raised by ACTs regarding the quality of court recordings and issues with producing court transcripts.

Decentralizing Estate Court Records Search Process

Amendments to the Estates Act to improve estate court efficiency and allow local registrars to process applications more quickly by decentralizing the estate record search process for probate applications (Smarter and Stronger Justice Act Schedule 8 provisions) came into force on January 8, 2021. CSD estates court staff continue to implement the new processes introduced by Estates Act amendments in January 2021.

Probate applications

In 2020, a new system was introduced to track probate applications, including a method to record the status and location of applications in the estates system to improve the ability to monitor processing timelines.

In the fall of 2020, operational reforms were introduced to reduce the probate application backlog at the busiest estate court in the province, the Superior Court of Justice (SCJ) in Toronto, including the implementation of estate court work sharing between court locations.

Effective January 1, 2022, the Succession Law Reform Act enabled court staff in 49 SCJ court locations to implement a new streamlined process to probate a small estate, and a new process that eliminated 35 forms to probate an estate of any value allowing applicants to save time and money.

In the spring of 2021, estate court staff implemented changes to the Succession Law Reform Act for the contemporaneous signing of a will witnessed remotely.

In addition, CSD worked with justice partners to develop a regulation that is more simplified and cost-effective to apply for probate by providing more guidance on document filings, bonds and estate administration tax processes through court rules and forms.

Court interpreters

The division recognizes the changing needs of Ontario’s diverse population by providing interpretation in all languages, including visual language services.

The division continues to provide interpreters in the most commonly used languages, as well as other languages that are increasing in demand. CSD offers regular test preparation sessions to current and prospective court interpreters, which includes providing resource materials to support the development of their interpretation skills. Once accredited, freelance court interpreters are required to consistently abide by the ministry’s Rules of Professional Conduct for Court Interpreters.

The Court Interpretation Unit (CIU) has intensified its efforts to recruit for high demand languages, and languages of lesser diffusion. CIU has enhanced its efforts to engage educational institutions, consulates, non-profit and community organizations to create a pipeline of talent.

In addition, the unit is focusing on retesting conditionally accredited interpreters with the goal to elevate them to fully accredited status. Ensuring that fully accredited interpreters are in place lowers the potential risk for quality complaints, mistrials, as well as “voir dire” requests.

During 2021–2022 reporting period, CSD conducted 89 court interpreting tests, this added 9 new fully accredited interpreters, and 23 new conditionally accredited interpreters to the Registry of Accredited Freelance Court Interpreters (“interpreter registry”). The interpreter registry has 370 fully accredited interpreters and 279 conditionally accredited interpreters.

In 2020–2021, the unit began modernizing the provision of interpretation services in Ontario courts with the procurement of technology equipment, such as interpreter headset kits and footswitches. Together, they mimic the functionality of interpreter booths by allowing interpreters to provide in-person whispered simultaneous interpretation at a distance and at a fraction of the cost associated with building and installing interpreter booths. When used as expected, this equipment also guarantees the health and safety of interpreters and their clients and allows for the recording of interpretation on the court record.

Dispute Resolution Officer Program

The Dispute Resolution Officer (DRO) program continues to support the delivery of a streamlined and effective court system by maximizing the likelihood of the earliest possible resolution without the need for judicial attendance. When conducting a first case conference, DROs may:

  • attempt to identify, resolve, or settle outstanding issues on a consent basis
  • assist the parties in organizing their issues and disclosure documents to make the case “judge-ready”
  • assist the parties in obtaining a signed consent order or disclosure order from the court where appropriate

In August 2019, the Attorney General and the Chief Justice of the Superior Court of Justice agreed to a further 3-year extension of the Memorandum of Understanding governing the DRO program, through to September 10, 2022.

On September 24, 2020, the Attorney General announced the expansion of the DRO program to Kitchener and Welland. A further announcement expanding the program to Kingston was made on January 18, 2021. As a result, the program is now available in 12 SCJ locations.

In December 2021, the ministry supported the Superior Court of Justice in temporarily expanding the capacity of DRO programs in Brampton, Newmarket, Barrie, Milton, London, Hamilton, and St. Catharines for a period of one year.

Judicial Library Services

Judicial Library Services (JLS) supports the research, learning, and information needs of judges, justices of the peace, judicial research lawyers, and law clerks. The library continues to provide a balance of on-site and online services in response to changes brought about by the pandemic. Some significant statistics include:

  • Research & Information Services: after an expected drop in 2020, demand for ready reference and research assistance steadily increased since late 2020. JLS responded to 269 reference and research requests and 80 inter-library loan requests between 2019–2020 and 2021–20
  • Curating print and digital materials: usage for online resources jumped significantly during the latter half of 2020 and into 2021. JLS curated and distributed over 3,661 digital current awareness newsletters during this combined reporting period
  • Delivering training and outreach programs: since the pandemic, there was an uptake in training requirements for online legal research. JLS delivered over 50 group training and one-on-one sessions.
  • Copyright requests: JLS serves as the Copyright Secretariat for all 3 courts for content on the courts’ website. There were 76 copyright requests received and granted during this reporting period.
  • Web services: JLS is the web master for the internal and public facing websites for the 3 courts. Since April 2021, JLS posted approximately 75 notices/updates, including 442 judicial decisions. During 2019–2020 and 2020–2021, a total of over 2,000 decisions and notices were posted to the court websites. In 2021–2022, approximately 385 court forms, manuals and guides were created or updated and posted on the ministry and courts’ websites. The library also responded to 151 pieces of correspondence received on the courts’ websites.
  • Library intranet page visits: there were 3833 unique visits to the library intranet page.

To improve retrieval strategies and promote adoption of the digital library resources JLS increased access points for print publications by arranging digital access and adding/updating metadata for 358 titles in the library catalog for resource discovery and access.

Provincial Offences Act

The ministry’s Provincial Offences Act (POA) unit continues to provide operational and policy support to the 68 municipal partners across the province who administer the courts in which POA matters are heard. This includes regularly issuing information bulletins and other correspondence to communicate minimum standards and best practices related to POA, where appropriate.

The ministry’s POA unit continues to conduct policy and legislative reviews of the POA to propose amendments to legislation and regulations, as well as related forms. Several advancements have recently been made in the POA court system, including a variety of legislative and regulatory changes.

This includes amendments made to the POA under Bill 197, the COVID‑19 Economic Recovery Act, 2020, to allow municipally administered courts to make greater use of technology to deliver justice services remotely. These amendments broadened the options available to the court and municipal partners in the delivery of remote justice during the COVID‑19 pandemic and increased efficiencies in POA proceedings in the longer term. POA forms, including the Offence Notices (POA tickets), were updated to reflect new remote proceeding information.

The ministry has also continued our work with municipal partners to implement a number of POA amendments made under Bill 177, the Stronger, Fairer Ontario Act (Budget Measures), 2017, which aim to modernize and streamline POA court processes.

Effective December 14, 2020, the certified evidence reform was proclaimed into force, which expanded the types of offences for which certified evidence may be relied upon by the prosecutor in the prosecution of Part I and II offences. In some instances, a prosecutor may decide that the oral testimony of the ticket-issuing officer would not be required at trial.

Additionally, a regulation was also introduced to permit provincial offences officers to serve Part III summonses on individuals within the province by registered mail, courier, or email. This regulation also permits service on a recipient’s licensed lawyer or paralegal (if any), with advance consent.

On November 1, 2021, amendments that permit municipal court clerks to take on certain functions formerly performed by justices of the peace came into effect. Implementation of these amendments will help to reduce pressure on judicial resources, which enables greater efficiency in dealing with the backlog of cases resulting from the COVID‑19 pandemic.

POA forms, including the Notice of Fine and Due Date, and the New Municipal By-Law Parking Infraction — Notice of Fine Form, were also amended and implemented effective November 1, 2021.

Family Mediation and Information Services

Family Mediation and Information Services (FMIS) is the suite of services currently funded by the ministry for family law clients. These services include Information and Referral Coordinators (IRCs), the Mandatory Information Program (MIP), and on-site and off-site mediation. Court Services Division has contracted with external service providers to deliver these services across Ontario.

In 2020, the ministry worked with its partners to enable MIP sessions to occur virtually, in response to the COVID‑19 pandemic.

In 2021–2022, family mediation and information services continued to be delivered virtually, in response to the continued COVID‑19 restrictions. Virtual service delivery has been positively received by family law litigants. The MIP remained virtual province-wide in 2021–2022 and continues to be positively received.

The division measures the percentage of clients satisfied with the Family Mediation Services, Mandatory Information Program and Family Law Information Centres (see Performance Measures and Achievements section). The evaluation of these measures supports the following divisional strategic priorities:

  • Focusing on core businesses, which includes supporting the judiciary and providing excellent client services to court users.
  • Instilling a culture of continuous evaluation and improvement.
  • Supporting the public reporting of outcomes.

The following are some of the key findings:

Family Law Information Centre (FLIC) satisfaction*

  • In 2019-20, there were 527 FLICs satisfaction surveys collected provincially (a decrease of 53.5% from 2018–2019)
  • In 2021-22, there were 113 FLICs satisfaction surveys collected provincially (an increase of 32.9% from 2020–2021)

Mandatory Information Program (MIP) satisfaction*

  • In 2019-20, there were 4,135 MIP satisfaction surveys collected provincially (a decrease of 17.9% from 2018-19)
  • In 2021-22, there were 1,771 MIP satisfaction surveys collected provincially (an increase of 93.1% from 2020-21)

Family mediation services satisfaction*

  • In 2019–2020, there were 1,130 Family Mediation Services satisfaction surveys collected provincially (a decrease of 7.5% from 2018–2019). The overall mediation settlement rate for service users (combined full and partial agreements) for on-site and off-site was 79.3% (an increase of 1.5% from 2018–2019).
  • In 2021–2022, there were 95 Family Mediation Services satisfaction surveys collected provincially (an increase of 11.8% from 2020–2021). The overall mediation settlement rate for service users (combined full and partial agreements) for on-site and off-site was 75.2% (a decrease of 0.8% from 2020–2021).

*NOTE: all figures exclude incomplete surveys received that could not be entered into SurveyMonkey.

Courts of Justice Act amendments

On July 8, 2020, the Legislature passed Bill 161, Smarter and Stronger Justice Act, 2020, which eliminated the specified 7-year term of office for associate judges (formerly case management masters). Effective September 1, 2021, associate judges, like provincial judges and justices of the peace, are reappointed without any specified term of office so that no reappointments will be required until they reach the statutory retirement age of 65. Those who have reached age 65 will continue to be eligible for reappointment on an annual basis up until the age of 75.

Housekeeping amendments to regulations under the Administration of Justice Act and Family Law Act

CSD supported implementation of amendments to 3 outdated Lieutenant Governor in Council (LGIC) regulations and the revocation of a fourth LGIC regulation:

  • O. Reg. 190/15 Administrative Calculation and Recalculation of Child Support under the Family Law Act was amended to replace two outdated references to “line 150” of the income tax return with new references to “line 15000” to align with changes to income tax returns that became effective in the 2019 tax year
  • O. Reg. 43/05: Mediators’ Fees (Rule 75.1, Rules of Civil Procedure) under the Administration of Justice Act was amended to remove “in person” from the description of party participation in mediation sessions, to align with changes to Rules of Civil Procedure (Rules) that also remove the requirement for estates mediation sessions to be “in person”. This would come into effect on September 1, 2021 to align with the changes to the Rules.
  • O. Reg. 2/05: Fee Waiver under the Administration of Justice Act was amended to remove the reference to “an allowance under the Family Benefits Act” as a criterion for eligibility for a court fee waiver because the Family Benefits Act was repealed in 2011 and no individuals continue to receive an allowance under this Act
  • R.R.O. 1990, Reg. 10: Investigation Fee — Official Guardian under the Administration of Justice Act was obsolete. This regulation prescribed a fee payable to the “Official Guardian” (a role that no longer exists) for an investigation in certain family law proceedings. The regulation had been obsolete and spent for many years.

These 4 changes were intended to enhance the currency and coherence of the body of laws in Ontario, and thereby support rule of law, by:

  • ensuring consistency with related legislation and other sources
  • eliminating reference to legislation that no longer exists
  • revoking a regulation that is no longer capable of producing effect

Modernization

Streamline and transform court processes to modernize court services.

Performance goals:

  • Work effectively across the justice sector with staff and stakeholder groups by sharing resources and ensuring access to technology
  • Engage justice participants to encourage innovative alternates to address service delivery challenges; encourage new ideas, innovation and smart-risk taking

Justice Services Online

The Justice Services Online (JSO) platform hosts several online portals that are available 24/7:

  • Automatic filing/issuance portals: Civil Claims Online (CCO) and Family Claims Online (FCO), launched in 2017 and 2018 respectively
  • Submissions portals: Civil Submissions Online (CSO) and Family Submissions Online (FSO) launched in August 2020, and Small Claims Court Submissions Online (SCCSO), launched in January 2021
  • Court Case Search Tool, launched in August 2020

The new portals were launched to continue to provide access to justice services for the public in a safe and responsive manner during the COVID‑19 pandemic. Users can also pay court filing fees online securely by credit or debit card and maintain a record of their online filings. Ongoing enhancements continue to be made to support backlog recovery and modernization efforts.

The project team for online filing continues to meet on a weekly basis to provide updates, review issues and identify future opportunities to improve the portal. Ongoing enhancements continued to be made to the portals during this period.

For the Submissions portals, CSD staff review documents that have been submitted online and determine if they can be accepted for filing based on the applicable court rules and regional or provincial Notices and Practice Directions of the courts.

The division, together with Justice Technology Services I&IT cluster continues to enhance JSO.

To date, ten iterations (the latest on February 14, 2022), have streamlined document submission processes in CSO, FSO and SCCSO for litigants and document review processes for court staff, as well as standardized the visual appearance of court documents for recipients to improve the user experience, including:

  • An increase in file size limit for submissions and added helpful tools and resources to the auto-generated emails sent to users
  • Enhancements made to the online payment process to reduce the need for issuing refunds for rejected submissions
  • Updates made to allow court staff to process documents more efficiently
  • Addition of a “memo to court staff” to assist users in communicating with court staff when making a submission
  • Allow users to indicate if their submission is time sensitive, ability to submit documents in both Word and PDF, and provide users with an updated list of all the documents filed within their case every time they make a new successful submission

Civil Submissions Online

Civil Submissions Online (CSO), an online document filing portal launched in August 2020, continues to be enhanced to allow for electronic filing and issuance of civil court documents for better user experience and greater efficiencies. Over 250 civil court documents can be submitted online. CSO also allows civil court litigants to request a fee waiver certificate and, if issued, use the platform to file documents without having to pay the requisite filing fee.

Civil Claims Online

Civil Claims Online (CCO) is a service that was introduced in 2017 to allow documents to be filed online in civil court actions in the SCJ. The service allows individuals and businesses to file certain civil court documents without having to go to the courthouse.

CCO was enhanced on March 23, 2020 to enable the online filing of additional documents, including defences, a jury notice, certificate of action under section 36 of the Construction Act, notice of discontinuance, consent to discontinuance, and third- and subsequent-party claims.

Family Submissions Online (FSO)

Family Submissions Online (FSO) was launched in August 2020 to allow individuals to submit over 150 family court documents with the Ontario Court of Justice and the Superior Court of Justice (family court). FSO also enables family court litigants to request a fee waiver certificate and, if issued, use the platform to file documents without having to pay the requisite filing fee.

Small Claims Court Submissions Online

Small Claims Court Submissions Online (SCCSO) was launched in January 2021 and continues to be enhanced to allow for expanded electronic filing and issuance of over 70 Small Claims Court documents, a better user experience for client clients and greater efficiencies for staff.

SCCSO also allows litigants to request a fee waiver certificate and, if issued, use the platform to file documents without having to pay the requisite filing fee.

Court Case Search Tool

On August 17, 2020, working with the judiciary, the ministry launched the online Court Case Search Tool. At that time, the tool enabled remote searches of certain publicly accessible Superior Court of Justice (SCJ) civil and criminal court case information. As of March 21, 2022, the tool has been expanded to permit users to conduct remote searches of certain publicly accessible OCJ criminal court case information.

Information about the following types of cases is currently available in the tool:

  • Civil matters in the SCJ
  • Active criminal matters in the SCJ
  • Active adult criminal matters in the OCJ

Active cases are those with a future court date, cases with a court date within the past 7 days, or a bench warrant has been issued within the past 5 years.

The courts have provided this information to allow users to locate information about the status of court cases, including future court dates and appearance types, as well as to assist with the completion of remote litigation searches (civil).

Electronic Scheduling Program

The Electronic Scheduling Program (ESP ) is an online application that provides trial coordinators with a consistent province-wide scheduling tool to manage Ontario Court of Justice (OCJ) criminal matters.

ESP brings modernization to the scheduling of judges, court appearances and courtrooms, and allows the court to better manage its criminal scheduling practices. ESP allows for:

  • auto population of time to trial flags
  • effective identification and arrangement of courtroom resource requirements (security, video, etc.)
  • effective management of judicial schedules (vacation, conferences, etc.)
  • common, consistent processes that will simplify staff training between courthouses

ESP provincial implementation was completed in February 2021. Following provincial implementation, the application transitioned to a release management state similar to ICON and FRANK.

The ESP Mobile View project commenced in spring 2021. ESP Mobile is an extension of the ESP application and will provide judges with the ability to view court matters scheduled to them in ESP via the Outlook application available on judicial mobile devices. Project completion is targeted for early 2022 when provincial implementation would then follow.

Online Child Support Service

The online Child Support Service (CSS) continues to be available province-wide to allow parents to set up and update child support amounts online without going to court, which diverts simple child support proceedings from the court system. This saves time and money for separated parents when resolving new and ongoing support obligations. The online CSS provides eligible applicants with an easy-to-use alternative to attending court, which improves the experience of justice stakeholders, as well as saving divisional and judicial resources.

On November 20, 2020, the Moving Ontario Family Law Forward Act, 2020 received Royal Assent. Amendments were made to the Family Law Act to allow parents and caregivers to request certified copies of child support notices made by the CSS so child support amounts can be more easily and affordably managed or enforced outside the province.

CaseLines

CaseLines is a cloud-based document sharing platform that supports in-person and virtual hearings. The platform allows:

  • the viewing of previously filed documents in any electronic format at in-person, virtual, and hybrid hearings (hybrid hearings means some participants attend virtually and other participants attend in person)
  • judicial officials and court staff to receive materials and provide documents to parties and lawyers, such as orders or reasons for decision
  • judicial officials, parties, and lawyers to access copies of court material submitted for a court hearing before and during the hearing

In consultation with the Superior Court of Justice (SCJ) and Ontario Court of Justice (OCJ), the ministry successfully launched the platform for select civil, family and criminal matters in the SCJ between August 2020 and July 2021 and began expanding the use of CaseLines to select family matters in the OCJ starting in fall of 2021.

Beginning November of 2021, CaseLines was rolled out in OCJ family for initial case conferences and select Motions on Notice in the Toronto, central west, west, north east and north west regions.

Financial Process Modernization: trust management system and banking modernization

Financial Process Modernization seeks to streamline financial processes, increase oversight, and introduce new electronic banking options for clients in civil, small claims court and family enforcement.

The Trust Management System (TMS) project will replace the existing system for processing and managing enforcement proceeds with a new single, sustainable, province-wide electronic trust management system (TMS) developed by Justice Technology Services (JTS).

TMS was originally piloted in the fall of 2019, and while the pilot expansion scheduled for 2020 was put on hold due to the COVID‑19 pandemic, work resumed to deploy TMS to additional pilot sites in 2021–2022. Virtual training modules were developed to replace in-person training. Technical updates that had been identified through the pilots were incorporated into the TMS system.

The division has also commenced the process of replacing finance/enforcement office specific banking arrangements with a single service provider model.

Unified Family Court

The Unified Family Court (UFC) is a court model that brings all family law and child protection issues, whether under provincial or federal legislation, into 1 court.

A phased UFC expansion proposal was developed in consultation with the Office of the Chief Justice for the Superior Court of Justice and the Office of the Chief Justice for the Ontario Court of Justice. UFC expansion aims to improve the family court user's overall experience with the court process by:

  • increasing consistency in court structure and process thereby eliminating confusion regarding the appropriate court to address a particular matter
  • having litigants’ cases heard by UFC judges with experience in, and commitment to, family law
  • increasing capacity for case management by one judge for family and child protection cases

Phase 1 of the expansion plan was implemented on May 13, 2019, with the expansion of the UFC to 8 new locations: Kitchener, Simcoe, Cayuga, Pembroke, Welland, Picton, Belleville and Pembroke, bringing the total of UFC sites in Ontario to 25. Phase 2 of the expansion strategy now involves planning for the expansion of the UFC to the remaining 25 non-UFC sites. The ministry, together with the courts, continues to plan for the expansion, including requesting that the federal government make the judicial appointments necessary for province-wide UFC expansion.

Criminal e-Orders

The criminal e-orders initiative has significantly expedited the production of criminal court orders by enabling them to be created on-screen using an electronic form and signed in the courtroom. They are then shared electronically with justice participants, such as police, probation officers, and victim services.

CSD recently added 2 forms and is working on introducing an additional form:

  • Memorandum to Superintendent of Jail as to Next Court Attendance of Prisoner on Charge Other Than That on Which the Prisoner is in Custody. The Memorandum advises the custodial facility that although the person is not in custody on the charges listed in the Memorandum, the person is being held in custody for another reason and needs to be transported from the custodial facility to court for the specified appearance (or appear virtually)
  • The Assessment Order (court order for a mental health assessment of the accused where necessary) and the Non-Communication Order (court order that the accused not communicate with a named person or persons while in custody) were successfully implemented in March of 2022.

CSD staff continue to use these templates to expedite matters in court.

Criminal e-Intake

In Ontario, most criminal court cases are initiated when the police physically attend a court to “lay” an Information by appearing in front of a justice of the peace and swearing that the charges in the Information are true to the best of their knowledge or belief.

The ministry has modernized and digitized how criminal charges laid by police are brought into court and processed.

The ministry has developed a digital communications channel between the police and the courts, which has significantly reduced the need for in-person presentation of an Information and related processing of documents by the police and the court.

The application electronically transfers a charge package from police to the court. Once the justice of the peace receives the package, they enter their decision regarding whether the charge(s)/case will proceed (referred to as issuing process), digitally sign documents or request further information.

The application automatically sends decisions and court-issued process documents back to the police. The decision will also be directly uploaded for new case creation in the court case tracking system called the Integrated Courts Offences Network (ICON), eliminating the need for manual data entry by court staff.

By enabling faster, modernized data sharing with the police, the application has established an important step toward the modernization of processes for the criminal practice area and created efficiencies in intake courts across the province.

Total criminal court cases received in the Ontario Court of Justice and portion of those received via e-Intake*:

Year Total Cases Received Via e-Intake
2019–2020 234,471 830 (0.35%)
2020–2021 203,349 9,859 (4.9%)
2021–2022 211,178 58,296 (27.6%)

*Based on eIntake flag, which indicates whether or not a case was received and accepted via eIntake in the regions where eIntake has been implemented.

The eIntake project started in November 2019 in the Central East Region. As of March 2022, e-Intake has been successfully implemented in 5 of the 7 regions of the Ontario Court of Justice.

Online juror pre-screen and check-in tool

In response to the pandemic, the ministry launched an Online Jury Pre-screening and Check-in Tool (JPT) in August 2020. The public facing portion of the JPT was available to prospective jurors until March 28, 2022, which allowed them to request for a COVID‑19 related deferral of jury service and encouraged them to contact the courthouse for accommodation requests, if needed, before their summons date, eliminating unnecessary trips to the courthouse. As of March 31, 2022, the tool screened over 161,000 prospective jurors.

Electronic jury panel lists and ballot cards

In October 2021, the Provincial Jury Centre introduced an electronic process to send jury panel lists and ballot cards to local jury offices replacing the previous paper-based process. This new process aimed to:

  • increase the protection of personal information
  • increase efficiencies for courthouses by reducing mail out times and providing the ability to print ballot cards on demand; and reduce weekly mailing costs

Juries Act Amendments

The Smarter and Stronger Justice Act, 2020 amended the Juries Act to remove potential juror addresses from jury panel lists, but permit parties in a proceeding to bring a motion for access to juror address information, if necessary, for a specific trial. These amendments came into force on August 7, 2020.

Improving juror experience

In response to recommendation 8 and 9 of the Debwewin Jury Review Implementation Committee's final report, the ministry received approval to change the source list from The Municipal Property Assessment Corporation (MPAC) to Ontario Health Insurance Plan (OHIP). Starting with the 2020 jury roll, OHIP is the single source list from which the jury rolls are created.

For this transformational work, the project team was awarded the Munsterman Award for Jury Innovation — the first time this was awarded outside of the United States.

Streamlining electronic court filing processes

In the winter of 2022, in collaboration with the Offices of the Chief Justices of the Superior Court of Justice and Ontario Court of Justice, CSD developed and released a public notice on the use of electronic signatures on civil, small claims, estates and family court forms. The changes assist in clarifying requirements for filing electronic documents with the court to standardize electronic filing processes for civil, family and Small Claims Court cases across court locations.

In the spring of 2022, the notice was expanded to provide for even more types of electronic signatures on court forms.

Policy and equipment to record interpretation

In fiscal year 2021–2022, there was progress on the modernization of the delivery of interpretation services. The official policy to record all oral interpretation in provincial courts was disseminated to court staff in February 2022 in alignment with the Divorce Act amendments.

To support the new policy, the ministry deployed:

  • 499 interpreter headset kits and footswitches
  • 434 laptops
  • 720 customized adapter cables

The interpreter headset kits and footswitches mimic the functionality of interpreter booths by allowing interpreters to provide in-person whispered simultaneous interpretation at a distance. The laptops allow interpreters attending remotely to provide simultaneous interpretation to both remote and in-person clients over video conferencing platforms such as Zoom. The customized adapter cables allow for the recording of all interpretation on the court record from all interpreters attending either remotely or in person.

Town Halls, technical and operational policy tables and committees

To encourage cross-regional sharing of knowledge and resources, CSD held Court Interpreter Coordinator Town Halls in December 2020 and November 2021 and a Recording Management Coordinator Town Hall in May 2019 for management and staff. The town halls provided information, tools and support to assist staff in effectively performing their duties.

The Court Reporting Review and Modernization Committee was re-established in November 2020 and explores issues that have been raised as a result of virtual hearings and makes recommendations to remediate issues and modernize the court recording process.

The Court Interpretation Unit Working Group was established in November 2020 with regional subject matter experts to review existing operational structures, processes, and policies pertaining to the provision of court interpretation services. The establishment of the working group is part of the ministry’s response to the Office of the Auditor General of Ontario’s 2019 Annual Report to develop a plan to monitor compliance, ensure interpretation service effectiveness, and identify opportunities for improvements. Six meetings have taken place in the 2021–2022 fiscal year.

In 2021, a new Juries Technical Table (JTT) was launched with representatives from management and staff across the division.

The JTT mandate includes:

  • seeking input for juries related policies and procedures to identify opportunities for improvements and enhancements to Ontario’s jury system, in alignment with the Juries Act, R.S.O. 1990, c. J.3. and to support the ministry’s ongoing modernization priority
  • sharing best practices with technical table members about jury selection processes across the regions

The Operational Support Branch continued to host technical and/or operational policy table meetings in the criminal, family, civil/small claims, enforcement and estates business areas. Subject matter experts from across the regions and corporate offices participate on the Tables to provide technical, policy and planning expertise to support court operations.

To accomplish this, table members identify issues or emerging areas of concern, identify upcoming initiatives and reforms for input, monitor outcomes, and propose solutions to enhance access to justice and further the administration of the courts.

Community Legal Education Ontario (CLEO) Guided Pathways Project

In May 2021, the ministry entered into a new transfer payment agreement with Community Legal Education Ontario (CLEO) to provide sustainability funding for the Family Law Guided Pathways over 2 fiscal years (2021–2022 and 2022–2023). These online, interactive tools help Ontarians complete their court forms easily and accurately, as well as obtain tailored legal information to help resolve their family law matters.

The ministry funding to CLEO supports content maintenance and ongoing system administration support (such as, maintain CLEO’s live chatbot for the public to interact with CLEO’s staff within CLEO’s business hours).

In November 2021, the ministry committed additional funding to expand the Guided Pathways in the following areas:

  • victims of abuse and family violence guided pathways
  • Small Claims Court guided pathways
  • enhancements to existing family court form guided pathways

Digital information and repository

The Digital Information and Repository (DIR) is designed to support the digitizing of OCJ Criminal Informations and remove the need to rely on paper documents and paper-related processes. The DIR will provide the ability to store hearing related documents in a well-organized and efficient digital form will allow Informations to be electronically updated, edited and signed.

Bill C-75

On June 21, 2019, Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts, received Royal Assent. Bill C-75 came into force in 3 phases on July 21, 2019, September 19, 2019, and December 18, 2019.

On July 21, 2019, amendments were made to the victim fine surcharge provisions of the Criminal Code.

On September 19, 2019, amendments were made to the Criminal Code with respect to preliminary inquiries and elections (for adults), re-elections as to mode of trial, jury trials, offences, penalties, DNA provisions, signing authority for court staff, and prescribed court forms.

On December 18, 2019, amendments were made to the Criminal Code with respect to judicial interim release (bail), prescribed court forms, administration of justice offences under section 145, a new process for judicial referral hearings, and amendments were also made to the Youth Criminal Justice Act.

To implement these significant amendments to the Criminal Code, the division developed and trained staff on several new policies and procedures. In addition, the division implemented changes to a significant number of forms, the court case tracking system (ICON), and online public materials.

Bill C-78 and Bill 207

Effective March 1, 2021, amendments were made to the Divorce Act (Canada) through Bill C-78: An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act, as well as provincial amendments through Bill 207: Moving Ontario Family Law Forward Act, 2020, which amended the Children’s Law Reform Act and other Ontario statutes.

Prior to these changes, federal family laws had not been updated in over 20 years, and together with the changes in provincial legislation, these amendments aimed to better promote the best interests of the child, address family violence and improve access to justice for family litigants.

As a result of these substantial legislative amendments, the Family Law Rules and 31 court forms were updated to reflect the amended statutes. Information, training sessions and resources were provided to staff about these changes to support their implementation. Changes included the following:

  • Replacing terms such as “custody” and “access” with terminology to reflect parents’ responsibilities for their children.
  • Introducing the term “contact” as a new order that would permit a third party (such as a grandparent) to spend time with a child.
  • Creating duties for parties and legal advisers to encourage the use of family dispute resolution processes (such as, mediation), where appropriate.
  • Creating duties for the court to inquire about whether there are criminal cases involving the parties, child welfare cases involving the parties or children, or if there is a restraining order against either party.
  • Establishing a framework for the relocation of a child.
  • Simplifying certain processes, including those related to spousal or child support obligations.
  • Changes to the Central Registry of Divorce Proceedings Regulation that would require additional mandatory information about a party in any proceeding where a claim for divorce is made.

Simplifying family appeal routes

On November 20, 2020, the Moving Ontario Family Law Forward Act, 2020 received Royal Assent. Amendments came into force on March 1, 2021 to help simplify an outdated and complex family law system by modernizing language and simplifying appeal routes. These changes were intended to help make the family law system easier for families to navigate by clarifying where to appeal family law cases, help families reach final decisions faster in difficult cases, and make the appeals process more consistent no matter where the case is heard.

Increasing the Small Claims Court limit

A new regulation (O. Reg. 343/19) was filed on October 23, 2019, and came into force on January 1, 2020, increasing the monetary jurisdiction of the Small Claims Court from $25,000 to $35,000. The regulation also increased the minimum appeal amount for Small Claims Court appeals to Divisional Court from $2,500 to $3,500.

Eliminating civil jury trials in simplified procedure actions

The amendments to the Courts of Justice Act to eliminate civil jury trials in Simplified Procedure actions made through Bill 100, Protecting What Matters Most Act (Budget Measures) 2019, was passed on May 29, 2019 and came into force on January 1, 2020.

Administration of Justice Act Amendment

On July 8, 2020, the Legislature passed Bill 161, Smarter and Stronger Justice Act, 2020. The Act amended the Administration of Justice Act by adding section 4.10, which provides a mechanism for revoking fee waiver certificates if a court determines that the certificate holder’s actions in a proceeding or enforcement are frivolous, vexatious or otherwise an abuse of process, and for limiting a person’s ability to request a further fee waiver.

As well, the financial means condition for a fee waiver set out in subsections 4.4 (7) and 4.7 (3) of the Act was amended. The previous financial means condition for a fee waiver was that a person lacks the financial means to pay court or enforcement fees. This was replaced by a condition that a person cannot, without hardship, afford to pay the fees. References to case management masters in the French version of the Act were also corrected.

Training and stability

Support pandemic backlog recovery and ensure continued access to justice for all Ontarians.

Performance goals:

  • Support/lead the delivery of training to court staff
  • Implement/support the CSD long-term staffing strategy
  • Implement/support the CSD short-term staffing strategy

Review of courtroom staffing model

CSD conducted a review of courtroom staffing aimed at addressing frontline workforce challenges, strengthening excellence in service to the public and judiciary, and better aligning Ontario’s courtroom staffing with other Canadian jurisdictions. As a result of this review, the division's vision for court staffing focuses on the multi-functional position of the court and client representative (CCR). The division has focused on hiring CCRs who, supported by training, have the knowledge and skills required to carry out both in-court and out-of-court functions. Fixed term positions continue to be an essential part of the courtroom staffing model to support the fluctuating nature of the division’s work.

As CSD has navigated the challenges of the COVID‑19 pandemic, the CCR position has been critical to the collective success of continuing to support the essential services of the justice system. CCRs offer the flexibility and cross training required to support agile movement between practice areas and functions, particularly during times of staffing challenges. Responding to the pandemic has showcased the effectiveness of a dynamic staffing model, including adaptation to a modernized justice system. As the ministry moves forward with a focus on ongoing modernization, continuing to assess and refine the CCR staffing model will continue to be a focus for the division and the ministry.

Learning and development

Supporting employee and manager learning and development continues to be a key priority for CSD. The division has committed to attracting, developing and retaining a professional, skilled, engaged and inclusive workforce that promotes accountability and service excellence.

CSD continues to develop new learning and development strategies to improve the onboarding process for new hires, as well as business line-specific materials to enable cross-training initiatives.

With a commitment to learning and development, CSD established a dedicated Learning and Development Unit within the Corporate Support Branch. The unit works with the regions to support their training needs, responds to urgent and priority divisional requirements, and develops content and training that can be delivered centrally or through the regional trainer network.

CSD was onboarded with LearnON, the Learning Management System (LMS), of the Ontario Public Service, where CSD has a dedicated space for training content.

During the COVID‑19 pandemic, the Learning and Development Unit responded to unprecedented changes within the justice sector and the significant number of training initiatives that were a result of courts being held virtually, the implementation of new modernization initiatives, and legislative, regulatory or policy changes. Tracking and reporting on training completions were also a focus for the unit.

In early 2021, the CSD Orientation and Basic Training Program was launched. This program provides all new hires with a standardized orientation and foundational skills to move into their roles within CSD. The program is offered virtually and coordinated centrally, which increases efficiency and eases the burden on regions and frontline supervisors.

Work continues on the conversion of other existing training material on a range of topics that were originally designed for in person delivery to be suitable for virtual delivery.

The Learning and Development Unit continues to work with regions to determine priorities and build foundational training content.

Talent management strategy

CSD actively embraces the Ministry of the Attorney General’s Talent Strategy to enhance the development of current incumbents and potential successors to ensure:

  • skilled and diverse workforce at all levels is ready to take on more complex roles
  • greater leadership strength in the senior and middle manager levels, and supervisory roles

CSD is experiencing ongoing modernization initiatives, dynamic business environments and multigenerational demographics in the workplace.

Throughout this time, the division remains focused on talent management efforts as a means of ensuring strong high-quality leaders for the future.

The division closely follows the ministry’s talent management roadmap that aims to provide a holistic approach to talent management through assessing business critical positions and identifying and developing high potential talent for critical roles.

Leadership Education and Development (LEAD) Program

The Leadership Education and Development (LEAD) program focuses on the development of the OPS competencies and the MAG leadership standards that are required to support the division’s strategic plan.

LEAD training was successfully delivered to over 75 Court Services Division’s managers for the reporting period; the COVID‑19 pandemic resulted in a reduced number of managers participating in training.

Each session is developed and delivered to provide participants with the critical tools they require in their roles as managers and aligns with the division’s strategic plan. The sessions offered are as follows:

  • Manager Awareness — fostering a professional and respectful workplace
  • Managing Human Resources in the Workplace
  • Fostering a Culture of Customer Service in Courts — becoming a leader in service excellence within the Ontario Public Service.
  • Self-Aware Leader
  • Performance Review and Management