Superior Court of Justice at Hamilton
Notice to the Profession: Local Direction to the Criminal Bar.
In order to reduce the number of last minute adjournments of criminal trials and pre-trial motions (“PTM”), a Trial Readiness Procedure will be introduced at the Hamilton Sopinka Courthouse effective September 1, 2022 and commencing for all Superior Court jury and judge-alone trials or PTM’s on or after September 19, 2022.
This process has been developed with the co-operation of the Hamilton Crown attorney’s office, the Federal Prosecutor and the local defence bar.
Defence counsel and the assigned Crown attorney or Federal Prosecutor will be required to jointly file the Trial Readiness Form 18C as provided in the Criminal Proceedings Rules for the Superior Court of Justice. Such form must be filed with the Superior Court Trial Coordinator no later than 10 clear days prior to the commencement of trial or the PTM.
The process mandates that defence counsel and the assigned Crown attorney or Federal Prosecutor communicate with each other and certify their readiness for trial or PTM, or address any outstanding issues or resolution of the case within seven days prior to the completion of the Form.
By filing the completed Form within the prescribed timeframe, counsel will avoid an appearance in Trial Readiness court. Self-represented defendants will be required to appear before a judge at a Trial Readiness court.
Please note that a failure to complete the form in accordance with this directive shall necessitate an in-person court appearance by both the assigned Crown attorney or Federal Prosecutor and defence counsel before the Local Administrative Justice or his designate, prior to the trial or PTM, as the case may be.
Justice A.J. Goodman
Local Administrative Judge
Hamilton- Sopinka Courthouse.
Form 18C - Trial Readiness Form