COVID-19: Updates on the Law and Legal Services in Ontario

1. WORKSHOP #4 (PART 1)

2. Somali Canadian Association
- The Somali Canadian Association of
Etobicoke in partnership with the Ontario
Law Foundation has currently offered this
workshop based on the updates on the law
and legal updates in Ontario amid the
COVID-19 crisis.

3. OVERVIEW OF WORKSHOP
(1) COVID-19 and Criminal Law
(1) COVID-19 and Immigration

4. COVID-19 & Criminal Law
 Ontario Court of Justice
Superior Court of Justice
Sureties

5. COVID-19 & Criminal Law
Ontario Court of Justice
I have a court date for a criminal charge in the Ontario
Court of Justice ? What Should I do?
- if you were suppose to go to the Ontario Court of Justice for a
criminal charge between Friday March 20, 2020 and Friday May
29 2020, do not go to court, includes trials
- Your case will automatically be adjourned to another date
approximately 10 weeks from the date you were supposed to be
in court – lists of adjourned dates can be found via
ontariocourts.ca/ocj/covid-19/criminal-list-adjournment
- Be aware that these dates may fluctuate with new information
surrounding the COVID-19 pandemic
- If you don’t attend court on your new court date the judge will
order a warrant for your arrest

6. COVID-19 & Criminal Law
Ontario Court of Justice
I have a trial or preliminary inquiry for a criminal
charge in the Ontario Court of Justice. What should I
do?
 If you’re supposed to go to the Ontario Court of Justice for a
criminal trial or preliminary inquiry between Friday March 20
and Friday May 29, do not go to court—these hearings have
been suspended
 If your trial or preliminary inquiry has already started, the
judge may order that it continues
 If you are out of custody and your trial was scheduled to begin
between March 20- May 20, you will get another court
approximately 10 weeks from the date you were supposed to
be in court
 Your trial or preliminary inquiry will be rescheduled when you
come to court on your new date

7. COVID-19 & Criminal Law
Superior Court of Justice
I have a court date for a criminal charge in the
Superior Court of Justice. What should I do?
 If you were supposed to go to the Superior Court of Justice for
a criminal charge between Tuesday March 17 2020 and
Monday June 1 2020, do not go to court, this includes trials
 If you had a court scheduled between March 17 and March 31
2020, your new court date will be June 2, 2020
 If you had court scheduled in the month of May 2020, your
new court will be June 4, 2020
 You must appear in court on your new court date at 10:00am
at the same location where you were scheduled to appear for
your appearance in March, April or May –if you do not attend
your new court date, the judge will order a warrant for your
arrest.

8. COVID-19 & Criminal Law
Superior Court of Justice
If I have a trial for a criminal charge in the
Superior Court of Justice. What should I do?
 If you were supposed to go to the Superior Court of Justice
for a criminal charge between Tuesday March 17 2020 and
Monday June 1 2020, do not go to court, this includes trials
 If you had a court scheduled between March 17 and March
31 2020, your new court date will be June 2, 2020
 If you had court scheduled in the month of May 2020, your
new court will be June 4, 2020
 You must appear in court on your new court date at 10:00am
at the same location where you were scheduled to appear
for your appearance in March, April or May –if you do not
attend your new court date, the judge will order a warrant for
your arrest.

9. COVID-19 and Criminal Law
Sureties
I’m a surety at a bail hearing, bail review, or
detention review what should I do?
 Bail, bail reviews, and detention reviews will be held
remotely. If the accused is in custody, audio and video
technology will be used wherever possible. In some
cases, these matters will be conducted without the
accused being present.
 If you’re going to act as a surety, you will have to talk to
the lawyer for the accused. The lawyer will be
responsible for confirming your identification and for
helping you to sign an electronic bail release. Make sure
you understand what it means to be a surety before
agreeing to act as one.
 After the electronic bail release is signed, the defense

10. COVID-19 and Immigration/Refugee
Updates
 General
Appointments with IRCC for immigrants and
refuges
Detention Reviews and Removals by CBSA
Healthcare
Immigration

11. COVID-19 and Immigration/Refugee
Updates
General
Where can I get information about immigration
and refugee cases?
 In response to COVID-19, Immigration, Refugees
and Citizenship Canada (IRCC) has made several
announcements about its procedure changes. These
changes affect all divisions of the Immigration and
Refugee Board (IRB). Information is changing
quickly. Check the links for updates and speak to
your lawyer or legal representative. IRCC says it will
be flexible with deadlines during this crisis and that
they will continue to process applications.

12. COVID-19 and Immigration/Refugee
Updates
Appointments with IRCC for Immigrants and
Refugees
I have an appointment with Immigration, Refugee and
Citizenships Canada (IRCC). What should I do?
 IRC has cancelled all in-person interviews until
further notice. This includes:
 Landing interviews
 Citizenship ceremonies and citizenship tests
 Refugee claimant eligibility interviews and
 Initial interviews to start an inland refugee claim

13. COVID-19 and Immigration/Refugee
Updates
Appointments with IRCC for Immigrants
and Refugees
I have a deadline to file documents with
Immigration, Refugees and Citizenship
Canada (IRCC). What should I do?
 IRCC officers are supposed to extend
deadlines for information or documentation
for permanent and temporary residence
applications for 90 days
 Additionally you can go on IRCC online or to

14. COVID-19 and Immigration/Refugee Updates
Detention Reviews and Removals by CBSA
My removal from Canada is scheduled to happen
soon. What will happen?
 Canada Border Services Agency (CBSA) has
postponed many removals for three weeks
 Talk to your lawyer
 If the removal is going to happen, your lawyer might
be able to apply to the Federal motion to stay your
removal
 This type of motion is an urgent matter that a judge
can hear teleconference. As of March 19 2020 no
written policy concerning postponed removals but it
has been confirmed by CBC news

15. COVID-19 and Immigration/Refugee
Updates
Detention reviews and removals by CBSA
I am waiting for my detention review hearing. What will
happen?
 The immigration Division (ID) of the Immigration and
Refugee Board (IRB) will continue to hold detention
review hearings
 The ID is following special safety procedures:
 Detainees can participate by videoconference or
telephone, where possible
 Counsel, bondspersons and hearing officers can also
participate in hearings by videoconference and telephone
 Health screening procedures will be conducted at

16. Canada is releasing immigration detainees at
‘unprecedented’ rates amid COVID-19 fears

17. COVID-19 and Immigration/Refugee
Updates
Healthcare
I am in the 3-month waiting period for Ontario Health
Insurance Plan (OHIP). Can I be tested for Covid-19
 Yes! The Ontario government recently announced
that the 3-month waiting period for OHIP coverage
has been waived
 This means that you can be assessed, tested or
treated for COVID-19 right away
 COVID-19 testing is free of charge, additionally
people don’t need to renew expired/expiring OHIP
cards at this time

18. COVID-19 and Immigration/Refugee
Updates
Healthcare
I need to see a doctor about something other than
COVID-19, but I don’t have status in Canada.
What should I do
 If it’s a medical emergency, call 911 or go to your nearest
hospital emergency department
 All hospitals and healthcare providers in Ontario,
including walk-in clinics, must provide medically
necessary services to everyone
 People who don’t have health insurance must be given
the same priority as those who have insurance. Your
immigration status doesn’t matter. The Ministry of Health
also announced that if you don’t have health insurance,
you shouldn’t be charged for the services you receive. If

19. COVID-19 Immigration/Refugee
Updates
Healthcare
If I get healthcare or if I am tested for the COVID-19, will
immigration and Citizenship Canada (IRCC) or Canada
Border Services (CBSA) be told where I am?
 The Ministry of Health recently announced that patients
shouldn’t be turned away because they don’t have
insurance. Your immigration status does not matter. But
healthcare providers, medical clinics, and
hospitals should not share your personal health or
contact information with IRCC or CBSA.
 The Immigration Medical Exam is required for all refugee
claimants, applicants for permanent residence, and
some applicants for temporary residence. If you are
completing your Immigration Medical Exam, your medical
information, including any test results, will be shared with

20. COVID-19 Immigration/Refugee Updates
Immigration
Can I submit an application for temporary residence,
permanent residence or citizenship IRCC, Visa
Application Centers or Visa Offices?
 Yes you can still submit applications to IRCC
 Note that: Applications that are incomplete and do
not explain why documents are missing may be
returned to you without being processed
 There will be delays with in-person meetings in
Canada and/ or abroad
 There are currently serious restrictions on foreign
nationals who wish to enter Canada

21. COVID-19 and Immigration/Refugee
Updates
Immigration
I have a Judicial Review hearing or filing deadlines at
the Federal Court. What will happened?
 The Federal Court has cancelled all regular Judicial
Review hearings that were scheduled
between March 16, 2020 and April 17, 2020.
 This timeline has been extended to May 5, 2020.
 Filing deadlines at Federal court are also suspended
between March 16, 2020 and May 5, 2020. Talk to
your lawyer about how this will affect your case. The
court will hear urgent matters by teleconference. You
can read the original notice, this update answers
more questions

22. COVID-19 and Immigration/Refugee
Updates
Immigration
My permanent resident application was
finalized and I want to enter Canada. What
should I do?
- Travel to Canada before your visa expires. If you
can’t travel to Canada, contact IRCC by web-form
immediately to ask for an extension of your visa.
- If your entry is delayed, IRCC will likely ask for new
medical and security checks before your application
is approved again.

23. COVID-19 and Immigration/Refugee
Updates
Immigration
My appeal is due at the Immigration Appeal
Division (IAD). What should I do?
 (IRB) offices are closed. If the deadline to
file your notice of appeal is on or after March
16, 2020, the Immigration Appeal Division
(IAD) has extended the deadline.
 The IRB has not yet given a date when it will
re-open. When the IRB does re-open, you
will have 30 days from that date to file your
notice of appeal to the IAD.