On Thursday, September 18, 2025, the Criminal Justice Section opened its CPD program season with “Unique Pre-Trial Applications: Severance, Particulars, & Release of Exhibits for Scientific Testing.” This program was chaired by Amanda Ross, a partner at Goldbloom Ross Cunningham LLP, and the past Chair of the Ontario Bar Association’s Criminal Justice Section.
The faculty included The Honourable Justice James Stribopoulos, Ontario Superior Court of Justice, John Rosen, Rosen & Company Barristers, and Karen Simone, Assistant Crown Attorney, Ontario Ministry of the Attorney General, Crown Law Office – Criminal. The esteemed panelists shared the perspectives from the Bench, the Crown, and the criminal defence Bar. Their respective views and insights helped the attendees to unravel the important factors, critical timelines, and procedural particularities of these powerful but often misunderstood and underused pre-trial applications. Importantly, these pre-trial motions are designed to resolve legal issues that may affect the conduct or fairness of the trial.
For example, I received valuable insights as to when severance might be beneficial. Section 591(3) of the Criminal Code provides the legal basis for a motion for severance. The court has discretion to sever counts or accused “where it is satisfied that the interests of justice so require.” It involves a proper balancing of the relevant factors: fairness to the accused and judicial economy. Severance is granted if joint trial causes unfairness (i.e., discreditable conduct, inconsistent verdicts, confessions, etc.). Notable cases where trial judges denied severance applications include R. v. Last, 2009 SCC 45 (CanLII), and R. v. Figliola, 2011 ONCA 457 (CanLII).
To sever or not to sever, that might be the question in a case involving two or more co-accused. In the circumstances, where a cut-throat defence is a real possibility, it may be necessary to run separate trials to avoid prejudice.
From the defence perspective, it may be necessary to run separate trials for multiple charges, which stem from difference occurrences. Consider the facts in Last, involving several counts related to two sexual assaults committed at different times against different complainants and breaches of undertakings. Would it make sense for these unrelated charges to be tried together? Frankly, would it benefit your client’s interests? Answers to these and other burning questions are contained in this fantastic program.
About the Author
Oksana Romanov, BA (Hons), MA (Comm), JD with Distinction, is a sole practitioner practicing criminal law through Law Office of Oksana Romanov. Currently, Oksana is the Newsletter Editor of the Ontario Bar Association’s Criminal Justice Section.
Any article or other information or content expressed or made available in this Section is that of the respective author(s) and not of the OBA.