TORONTO - Closing arguments are expected to begin today in the trial of a Toronto man accused of sexually assaulting and strangling a young woman, even as Ontario's courts prepare to dramatically cut their operations.
The Ontario Superior Court of Justice announced Sunday it would suspend all regular operations, including all new trials, until further notice starting Tuesday to reduce risks related to the novel coronavirus.
Chief Justice Geoffrey B. Morawetz said in a notice the court would only hear urgent matters during the suspension, but trials already in progress would receive direction from the presiding judge today.
The judge presiding over Kalen Schlatter's murder trial is expected to give his instructions this afternoon as the case reconvenes to hear the defence's closing arguments.
Should the trial proceed, jurors are slated to begin their deliberations on Friday.
Schlatter has pleaded not guilty to first-degree murder in the death of Tess Richey, whose body was found in a downtown Toronto stairwell in November 2017.
Schlatter, 23, testified last week that Richey was alive when he left her in an alley following a consensual sexual encounter.
He told the court he met Richey and her friend Ryley Simard after all three left the same club, and Richey led him to a secluded stairwell to "make out" after her friend went home.
He said Richey did not want to have sex because she was on her period, and they parted ways a short time later.
His lawyers also called as a witness another man they suggested could be responsible for the killing.
That man, who can only be identified as J.G., told the court last week he saw Richey and Schlatter together several times the night the young woman went missing and denied playing any role in her death.
Court has seen surveillance video from Nov. 25, 2017 that shows Schlatter and Richey going into an alley around 4:15 a.m. and Schlatter emerging alone roughly 45 minutes later.
J.G., who was also captured on several security videos from the neighbourhood that night, does not appear on any footage after about 3:40 a.m.
Richey was reported missing after she failed to return from a night out with a friend, setting off a widespread search effort. Her body was discovered days later by her mother and a family friend.
Prosecutors allege Schlatter killed her after she refused to have sex with him.
A forensic pathologist testified the 22-year-old died from strangulation, but noted there were no obvious marks from fingers or a rope on her neck. That raised the possibility she was strangled with something soft, Dr. Kona Williams said.
Court has also heard Schlatter's DNA was found on Richey's pants and bra. J.G. also submitted a DNA sample but there was nothing found on Richey that matched it.
Civil and family courts are also largely shutting down over COVID-19 concerns, and will only deal with "urgent and emergency" cases, including those having to do with public health, the Ontario Superior Court of Justice said.
"This suspension will cause substantial inconvenience to those with matters before the court," the chief justice said in the notice.
"The decision to engage this emergency process was not made lightly. However, the health and safety of the public, as well as all justice participants is a priority."
The Ontario Court of Justice, which handles the bulk of criminal cases but does not have jury trials, has also said all matters would be automatically adjourned and rescheduled to a later date, and urged those involved not to attend court.
Other judicial bodies, such as the Human Rights Tribunal of Ontario, are also postponing hearings indefinitely.
