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Page 12 May 29, 2017 • Law TiMes www.lawtimesnews.com FOCUS Defence lawyers are usually asked to send a copy of these ma- terials or any additional requests for disclosure by fax machine to the Crown's office. "That is the way they want it," says Smith. While Crown attorneys have discretion to accept filing elec- tronically, as do judges, it de- pends on the individuals, says Heather Pringle, a member of the executive committee of the Criminal Lawyers' Association and a lawyer at Pringle & Bot- tomley in Toronto. "There is no formal policy in place for e-filing," says Pringle. Much of the documentation involved in purchasing a house can be done online, notes Spratt, so it should not be any more dif- ficult in the courts. "If you can buy a house with- out paper, there should not be a need to resort to paper to send a letter to the Crown," he says. Some of the newer court- houses in the province are better equipped for technology, but so far, it is more to the benefit of the Crown, suggests Smith. The courthouse in Oshawa does permit all lawyers to plug into its audio and visual resourc- es in a courtroom, although an adapter plug is necessary for those with Apple computers. "The plugs fit the Crown's computers," says Smith. He adds that while a Crown attorney can access its internal computer system in the newer courthouses, there is no Internet service available in courtrooms for the defence. "You can create a hotspot, but you often can't get reception," notes Smith. If an issue comes up in court during a trial that requires legal research, it is necessary to go outside or to a lawyer's lounge in the building to do that work. With online access in court, "I would be able to email the case to the judge and Crown with the relevant section highlighted. This would save a lot of time," Smith says. Pringle says she is not aware of Wi-Fi being available in any of the courtrooms in the Greater Toronto Area. "There is Wi-Fi in some of the courthouse lounges," she notes. In Ottawa, there is Wi- Fi access for defence lawyers in most courtrooms, if they are members of the local law asso- ciation, says Spratt. Hard-wired access, though, is not available. "The Crown can plug into the physical infrastructure of the court. Not the defence," he says. Other uses of technology, such as using a secure video link for defence counsel to speak with clients in custody, has been discussed in Ottawa, says Spratt. But he says this stalled after the Ministry of the Attorney General suggested that most of the cost should be incurred by defence lawyers. The Criminal Lawyers' As- sociation is "strongly in favour" of making increased use of new technologies in the criminal courts, says Pringle. LT mon enterprise, they should be jointly indicted and jointly tried," wrote Watt. "However, what should not be forgotten about this com- mon law rule is that it was not developed in a vacuum. Like other common law rules, it is the product of judicial experience in the trial of crim- inal cases," he stated. The legal test for severance to be granted, noted Watt, is that it is in the interests of justice. "The interests of justice are not coextensive with the inter- ests of the accused," Watt ex- plained, adding that the inter- ests of the prosecution must also be considered. So-called "cutthroat" de- fences put forward by the accused or evidence that is stronger against some of the defendants is not sufficient on its own for severance, Watt ex- plained. "Their mere assertion is not a ticket out of Dodge," he stated. For severance to be granted, the prejudice must be "great enough, the circumstances par- ticular enough, the presump- tive rule must give way," wrote Watt. While it may be difficult for a defendant alleged to be part of a joint criminal enterprise to be tried separately, the Court of Appeal has assisted in outlining what an accused must show, says Furgiuele. "The upside is that there are a lot of different factors that go into the decision. There is a lot of discretion for the trial judge and no one factor that will determine whether severance is granted," he adds. Dineen agrees that while the Court of Appeal has not amend- ed the law on severance, it has reinforced the fact that trial judges have a lot of latitude in making this decision. As well, increased concerns about unreasonable delays in bringing cases to trial in the criminal courts might make trial judges "more sympathetic" to severance in certain circum- stances, he says. LT Continued from page 10 Too much reliance on in-person appearances Ruling outlines what accused must show Continued from page 11 Alan Pearse says Alberta is better than Ontario if 'you want to get legal work done.' HOSTED IN PARTNERSHIP WITH BRONZE SPONSOR PLATINUM SPONSOR NO TRANSFORMATION WITHOUT INSPIRATION The Canadian Lawyer InHouse Innovatio Awards celebrate in-house counsel, both individuals and teams, who have found ways to show leadership by becoming more efficient, innovative and creative in meeting the needs of their organizations within the Canadian legal market. Date: Sept. 19, 2017 Location: Arcadian Court, Toronto 6 p.m. Cocktail Reception 7 p.m. Gala Dinner and Awards Presentation Emcee: Jennifer Brown, Managing Editor, Canadian Lawyer InHouse/Law Times Dress: Business Attire To book your seats or to inquire about sponsorship, contact us at 416-649-8841 or MediaSolutions.Sales@thomsonreuters.com www.innovatio-awards.com GOLD SPONSOR Untitled-7 1 2017-05-18 3:13 PM

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