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Table of contents:
- Matthew Luloff impaired driving charges in Ottawa
- Ontario Court Justice Mike Boyce delay decision
- Ottawa Courthouse scheduling and stacking practice
- Reservoir court system in Ontario capital
- Ewan Lyttle and Defence Counsel Association of Ottawa warnings
- Community courthouse hub plans in Ontario
Matthew Luloff impaired driving charges in Ottawa
The trial of Matthew Luloff is scheduled to begin on Monday at the Ottawa Courthouse. Luloff was arrested on July 6, 2024. Three days later, he was charged with operating a vehicle while impaired and with having a blood alcohol level above the legal limit within two hours of ceasing to drive. Court documents contain a spelling error, listing his surname as “Lulloff.”
On July 10, 2024, Luloff resigned as the Conservative Party of Canada candidate for Orléans, citing a “personal matter.” The charges became public several weeks after his resignation. The allegations against Luloff have not been proven.
Ontario Court Justice Mike Boyce delay decision
On Tuesday morning, Ontario Court Justice Mike Boyce dismissed a defence application seeking a stay or withdrawal of the charges. The application was based on delays attributed to court congestion. Boyce ruled that part of the delay was caused by the defence, bringing the total time below the 18-month ceiling set under Jordan and section 11(b) of the Charter.
After the ruling, Luloff told CBC outside the courthouse that he had no comment. His lawyer, Lawrence Greenspon, said, “we’re disappointed.... But we’re ready to proceed next week, and that’s what we’ll do.”
Ottawa Courthouse scheduling and stacking practice
Luloff’s trial was originally scheduled for Oct. 27–31. When Luloff and Greenspon arrived on the first day, they learned the case was third in line in their assigned courtroom. They attended court each day, but no courtroom time became available. The trial was adjourned to the following week. A Jordan or 11(b) application was heard on Dec. 19.
In Ottawa’s provincial courtrooms on Elgin Street, between 2 and 4 trials are often scheduled for the same courtroom on the same day. This long-standing practice, known as stacking, reflects a shortage of both courtrooms and judges.
- 2–4 trials listed daily per courtroom
- No net increase in courtrooms or judges for roughly 20 years
- Rising population and increased numbers of Crown attorneys and police officers
Reservoir court system in Ontario capital
To manage overflow, Ottawa’s judiciary introduced a “reservoir court” or “reservoir list” in the fall. Trials not first in priority convene in the afternoon, where Crown attorneys and trial co-ordinators assess whether any case can proceed if resources become available. Cases may also be adjourned to later dates.
Greenspon said the impact has been limited. “Despite their best efforts, there’s still a continuing lack of judicial resources and courtrooms, and the result is that counsel and ... clients are sitting in court day after day after day and not being reached. And that’s the essential problem that caused us to bring this application.”
Ewan Lyttle and Defence Counsel Association of Ottawa warnings
Ewan Lyttle, president of the Defence Counsel Association of Ottawa, said the number of courtrooms and judges has remained unchanged for two decades. This has occurred despite population growth, an increase in Crown prosecutors, more police officers, and heightened political pressure to address crime.
He said, “It’s a resource issue, and the government is not responding. And so the only alternative left is for trial co-ordination to schedule multiple trials to proceed on the same day, and obviously that can’t happen.”
Lyttle added that trial resolutions are occurring less frequently. “So you have trials that have to get rescheduled and then you’re also up against the Supreme Court of Canada’s direction on how long it takes or should take for trials. And so you’re backed up against a wall.”
Community courthouse hub plans in Ontario
Preliminary discussions have begun on a pilot community courthouse hub in Ottawa, similar to facilities operating in Toronto and London, Ontario. Lyttle said the concept would centralize justice services and community resources in a single building.
He explained, “It’s a building that seeks to bring all the stakeholders and community resources together. So, for example, social services, Indigenous resources, things like that, all in the same building.... But again, it obviously takes a lot of time to put something like that together.” He added that the initiative remains in the ideas and feasibility phase and would take years to materialize.
The Ontario Ministry of the Attorney General did not provide statistics or detailed responses regarding reservoir court. A spokesperson stated in an email, “The scheduling of judicial resources and court sittings is a matter of judicial independence and therefore at the discretion of the judiciary.”
Source: CBC
FAQ
Who is Matthew Luloff?
Matthew Luloff is the Orléans East-Cumberland city councillor who is facing impaired driving charges in Ottawa.
What charges does Matthew Luloff face?
He was charged with operating a vehicle while impaired and with having a blood alcohol level above the legal limit within two hours of ceasing to drive.
When was Matthew Luloff arrested?
He was arrested on July 6, 2024, and formally charged three days later.
Why was the trial delayed?
The original trial could not proceed due to a lack of available courtrooms and judges at the Ottawa Courthouse.
What did the court decide about the delay?
Ontario Court Justice Mike Boyce ruled that part of the delay was caused by the defence and that the total delay remained under the 18-month legal limit.
What is stacking in Ottawa’s provincial courts?
Stacking is the practice of scheduling between two and four trials in the same courtroom on the same day because of limited judicial resources.
What is reservoir court?
Reservoir court is a system where non-priority trials convene in the afternoon so officials can determine if any case can proceed if courtroom resources become available.
What did Lawrence Greenspon say after the ruling?
He said he and his client were disappointed but ready to proceed with the trial the following week.
What concerns did Ewan Lyttle raise?
He said the number of courtrooms and judges in Ottawa has not changed in 20 years despite population growth and increased pressure on the justice system.
What is the status of the community courthouse hub proposal?
The project is in the ideas and feasibility phase and is expected to take years before becoming a reality.
