Ontario Court of Justice

Jurisdiction

This court is subordinate in relationship to the "superior courts". The term "provincial court" or "territorial court" is often used to mean a lower court whose decisions can be reviewed by a superior court. Decades ago, they were managed at the local municipal level.

The Ontario Court of Justice is a division of the Court of Ontario. The other division of the Court of Ontario is the Superior Court of Justice. Until 1999, the Ontario Court of Justice was known as the Ontario Court (Provincial Division).

Family law

Family law cases deal with matters of custody, access and support, child protection so long as these are not incidental of or were not previously a part of a divorce application. Cases are heard by a judge only. Appeals from these cases are heard by the Superior Court of Justice.

Criminal law

The Court deals with approximately 95% of criminal charges laid within the province and has responsibility for other matters pertaining to criminal law, including authorizing search warrants, bail hearings, and peace bonds, under sections 515 and 810 of the Criminal Code, respectively.

Criminal law cases heard before the Court are summary conviction offences, less serious indictable offences under section 553 of the Criminal Code, and indictable offences where the defendant has elected to have their trial heard in the Ontario Court of Justice (excluding offences found under section 469 of the Criminal Code – murder, treason, etc.). Criminal cases are heard by a judge only. Appeals from cases involving summary conviction offences are heard by the Superior Court of Justice. Appeals involving indictable matters are heard by the Ontario Court of Appeal.

Criminal law matters before the Court also include remand or bail hearings and peace bonds*.* These matters are not required to be heard by a judge and may be dealt with by a justice of the peace. An appeal of a bail decision (bail review) must be heard by the Superior Court of Justice.

Structure of the Court

Section 35 of the Courts of Justice Act sets out the structure of the Ontario Court of Justice.

Provincial judges

Provincial judges are appointed, as considered necessary, by the Lieutenant Governor in Council on the recommendation of the attorney general. A provincial judge must:

:(a) been a member of the bar of one of the provinces or territories of Canada for at least 10 years; or

:(b) has for an aggregate of 10 years,

::(i) been a member of a bar mentioned in clause (a), and

::(ii) after becoming a member of such a bar, exercised powers and performed duties of a judicial nature on a full-time basis in respect to a position held under a law of Canada or of one of its provinces or territories.

The normal age of retirement for a provincial judge is age 65, however there are exceptions that allow a provincial judge to continue in office until age 75, at which point they are required to retire without exception.

Judicial Appointments Advisory Committee

The Judicial Appointments Advisory Committee is responsible for finding suitable candidates for appointment as a judge of the Ontario Court of Justice. Only persons recommended by the Committee may be appointed. Appointments are made by the Lieutenant Governor in Council, on the recommendation of the Attorney General of Ontario. The Committee is currently composed of thirteen members.

Chief Justice

The Lieutenant Governor in Council may, on the recommendation of the attorney general, appoint a provincial justice to the position of Chief Justice of the Ontario Court of Justice. The Chief Justice is the President of the Ontario Court of Justice. They are responsible for directing and supervising the sittings of the Court throughout Ontario and for assigning its judicial duties. If the Chief Justice is absent from Ontario or is for any reason unable to act, their powers and duties shall be exercised and performed by an associate chief justice of the Ontario Court of Justice designated by the Chief Justice. A Chief Justice has a single term of office of eight years, but will nonetheless continue in office until a successor is appointed, up to a total term of nine years.

Associate Chief Justice

The Lieutenant Governor in Council may, on the recommendation of the attorney general, appoint provincial justices to the positions of Associate Chief Justice and Associate Chief Justice-Coordinator of Justices of the Peace of the Ontario Court of Justice for single terms of six years.

Regional Senior Justice

Ontario is divided into seven geographic regions for judicial administration: northwest, northeast, west, central west, central east, east, and Toronto. Each region has a regional senior judge and a regional senior justice of the peace. The Lieutenant Governor in Council may, on the recommendation of the attorney general, appoint a provincial justice to the position of regional senior justice for a term of three years. The responsibilities of a regional senior judge are to exercise the same powers and functions as the Chief Justice of the Ontario Court of Justice in their region, subject to their authority. A regional senior justice also assists in the supervision of the justices of the peace within that region. This is done in consultation with the Associate Chief Justice-Coordinator of Justices of the Peace and the regional senior justice of the peace.

Regions

Current justices

The current Chief Justice of the Ontario Court of Justice is Sharon M. Nicklas, whose term began on May 1, 2023.

One of the two Associate Chief Justices of the Ontario Court of Justice is Aston J. Hall, whose term began on June 3, 2021.

The second of the two Associate Chief Justices of the Ontario Court of Justice, who is also the Coordinator of Justices of the Peace, is Jeanine E. LeRoy, whose term began on September 2, 2019.

Each judicial region has its own Regional Senior Justice:

• Central East Region: Esther Rosenberg (starting June 1, 2018)

• Central West Region: Paul R. Currie (starting August 31, 2019)

• East Region: W. Vincent Clifford (starting September 25, 2020)

• Northeast Region: Karen L. Lische (starting June 4, 2021)

• Northwest Region: David M. Gibson (starting June 12, 2021)

• Toronto Region: Sandra Bacchus (starting June 3, 2021)

• West Region: Jeanine E. LeRoy (starting February 1, 2019)

The Ontario Court of Justice maintains a full list of all current judges and justices of the peace of the court on its website.

Fired Justices of the Peace

• Anna Mae Gibbon (2023)

• Dianne Jean Ballam (2022)

• John Guthrie (2019)

• Tom Foulds (2018)[https://qormuseum.org/history/cadets/2881-queens-own-rifles-cadet-corps/ The Queen's Own Rifles of Canada Regimental Museum and Archive - History, March, 2018], " Captain Tom Foulds, OStJ, CD joined the corps in March of 2018"

• Errol Massiah (2015)

• Donna Phillips (2013)

References

References

1. {{cite canlaw. (1990)
2. "Judges".
3. (4 April 2015). "Ottawa judge named chief justice of Ontario Court of Justice".
4. (19 February 2021). "New Associate Chief Justice Appointed to the Ontario Court of Justice". [[Government of Ontario]].
5. (24 April 2019). "New Associate Chief Justice - Coordinator of Justices of the Peace Appointed to the Ontario Court of Justice". [[Government of Ontario]].
6. {{cite canlaw. (1990)
7. "Criminal Code (R.S.C., 1985, c. C-46)".
8. "Judges and Justices of the Peace". Judges Library.
9. (24 July 2014). "Law Document English View".
10. "Ontario Courts maintained by the Judges' Library-Members ,Ontario Court of Justice".
11. "Structure of the Court". Judges Library.
12. [http://www.ontla.on.ca/library/repository/ser/269710/2008-2009.pdf Biennial Report on Ontario Court of Justice 2008-2009]
13. "Ontario Newsroom".
14. . ["New Associate Chief Justice Appointed to the Ontario Court of Justice"](https://news.ontario.ca/en/bulletin/60394/new-associate-chief-justice-appointed-to-the-ontario-court-of-justice). *[[Government of Ontario]]*.
15. . ["New Associate Chief Justice - Coordinator of Justices of the Peace Appointed to the Ontario Court of Justice"](https://news.ontario.ca/en/bulletin/51957/new-associate-chief-justice-coordinator-of-justices-of-the-peace-appointed-to-the-ontario-court-of-justice). *[[Government of Ontario]]*.
16. . ["New Regional Senior Judge Appointed to the Ontario Court Of Justice"](https://news.ontario.ca/en/bulletin/49208/new-regional-senior-judge-appointed-to-the-ontario-court-of-justice). *[[Government of Ontario]]*.
17. . ["New Regional Senior Justice Appointed to the Ontario Court of Justice"](https://news.ontario.ca/en/bulletin/51955/new-regional-senior-justice-appointed-to-the-ontario-court-of-justice). *[[Government of Ontario]]*.
18. . ["New Regional Senior Justice Appointed to the Ontario Court of Justice"](https://news.ontario.ca/en/bulletin/58012/new-regional-senior-justice-appointed-to-the-ontario-court-of-justice). *[[Government of Ontario]]*.
19. . ["New Regional Senior Justices Appointed to the Ontario Court of Justice"](https://news.ontario.ca/en/bulletin/60918/new-regional-senior-justices-appointed-to-the-ontario-court-of-justice). *[[Government of Ontario]]*.
20. . ["New Regional Senior Justices Appointed to the Ontario Court of Justice"](https://news.ontario.ca/en/bulletin/60918/new-regional-senior-justices-appointed-to-the-ontario-court-of-justice). *[[Government of Ontario]]*.
21. . ["New Regional Senior Justices Appointed to the Ontario Court of Justice"](https://news.ontario.ca/en/bulletin/1000087/new-regional-senior-justice-appointed-to-the-ontario-court-of-justice). *[[Government of Ontario]]*.
22. . ["New Regional Senior Justices Appointed to the Ontario Court of Justice"](https://news.ontario.ca/en/bulletin/50752/new-regional-senior-judge-appointed-to-the-ontario-court-of-justice). *[[Government of Ontario]]*.
23. "Judges".
24. "Justices of the Peace".
25. [https://www.ontario.ca/orders-in-council/oc-16852023 Order In Council, November 16, 2023], "Her Worship Anna Mae Gibbon be removed from office on the ground that she has become incapacitated or disabled from the due execution of her office by reason of conduct that is incompatible with the due execution of her office."
26. [https://www.ctvnews.ca/northern-ontario/article/no-choice-other-than-to-remove-northwest-ont-justice-from-office-court-confirms/ CTV News, October 23, 2023], "The problem, the panel said, was Gibbon refused to acknowledge that her behaviour was improper."
27. [https://www.canlii.org/en/on/onscdc/doc/2023/2023onsc5797/2023onsc5797.html?searchUrlHash=AAAAAQAJbm9ydGggYmF5AAAAAAE&resultIndex=1 CanLII, October 18, 2023], "Having found that the majority decision discloses no error in principle and is reasonable, there is no basis for this court to interfere."
28. [https://www.ontariocourts.ca/ocj/files/jprc/decisions/2022-gibbon-reasons-EN.pdf JUSTICES OF THE PEACE REVIEW COUNCIL, February 7, 2022], "Indeed, in allowing her role as a mother to come before her duties as a judicial officer, HW Gibbon fell far short of the ethical standards of her office."
29. [https://www.ontario.ca/orders-in-council/oc-11802022 Order In Council, August 25, 2022], "Her Worship Dianne Jean Ballam be removed from office on the ground that she has become incapacitated or disabled from the due execution of her office by reason of conduct that is incompatible with the due execution of her office."
30. [https://www.lexology.com/library/detail.aspx?g=fdca4088-3b2a-4065-b513-5f82ac1981fe LEXOLOGY, June 20, 2023], ".....unsuccessfully sought judicial review of a decision from the Respondent, Justices of the Peace Review Council."
31. [https://www.ontariocourts.ca/ocj/jprc/public-hearings-decisions/#Former_Justice_of_the_Peace_John_Guthrie Public Hearings Decisions, Retired June 14,2019], "His Worship engaged in a course of conduct, including inappropriate and/or offensive comments to, and touching of, female persons working in the justice system resulting in a poisoned work environment that was not free of sexual harassment. His Worship continued to engage in inappropriate conduct after similar concerns were brought to his attention by the Manager of Court Operations and by a Regional Senior Justice of the Peace."
32. [https://www.thestar.com/news/gta/2018/02/01/toronto-justice-of-the-peace-guilty-of-judicial-misconduct.html Toronto Star, February 1,2018], "Justice of the peace facing discipline hearing retires"
33. [https://www.ontariocourts.ca/ocj/jprc/public-hearings-decisions/#Former_Justice_of_the_Peace_Tom_Foulds Public Hearings Decisions, 2018], Fired for Misconduct.
34. [https://www.ontario.ca/orders-in-council/oc-9302018 Order in Council, May 2,2018], "......conduct that is incompatible with the due execution of his office."
35. [https://www.thestar.com/news/gta/2018/02/01/toronto-justice-of-the-peace-guilty-of-judicial-misconduct.html Toronto Star, February 2,2018], "Toronto justice of the peace guilty of judicial misconduct"
36. [https://www.ontariocourts.ca/ocj/jprc/public-hearings-decisions/#FormerJustice_of_the_Peace_Errol_Massiah Public Hearings Decisions], ".....he engaged in a course of conduct, including comments and/or conduct, towards female court staff, prosecutors and defendants that was known, or ought reasonably to have been known, to him to be unwelcome or unwanted."
37. [https://www.thestar.com/news/gta/2018/03/29/fired-justice-of-the-peace-wont-have-legal-bill-covered.html Toronto Star, March 29,2018], "Fired justice of the peace won't have legal bill covered"
38. [https://www.thestar.com/news/gta/2018/03/29/fired-justice-of-the-peace-wont-have-legal-bill-covered.html Toronto Star, March 29,2018], "Justice of the peace fired for sexual harassment"
39. [https://www.ontariocourts.ca/ocj/jprc/public-hearings-decisions/#Former_Justice_of_the_PeaceDonna_Phillips Public Hearings Decisions], "We find that Justice of the Peace Phillips actively assisted her daughter Maryanne Kechego in misleading Staff Sergeant Berg as to her true identity."
40. [https://www.thestar.com/news/crime/2013/08/13/jp_found_guilty_of_judicial_misconduct_after_misleading_police_about_daughters_identity.html Toronto Star, August 13,2013], " JP found guilty of judicial misconduct after misleading police about daughter's identity "