Heather Latter
Fort Frances native James Fontana has retired as a presiding justice of the Ontario Court of Justice after reaching the age of 75.
“Once you hit 75, you’re out,” he explained last week, noting his last day in court was April 30.
But Fontana didn’t necessarily feel ready to retire.
“I still feel I have all my marbles,” he chuckled. “I feel I could keep going. . . .
“But 75 is the absolute max.”
Fontana graduated from Fort Frances High School in 1957 and then studied at the University of Toronto. From there, he went to law school in Ottawa, finishing up in 1964.
He took the bar admission course in Toronto and later, on his way to Thunder Bay, he stopped in Ottawa and the Crown attorney at the time got a hold of him.
“He offered he a job,” Fontana recalled. “It didn’t pay much, but it promised a lot of experience in criminal law and prosecution.”
After four years on the job, Fontana took some time off to travel in Europe. Upon his return, he went into private practice in downtown Ottawa.
Eighteen years later, he became an Ontario Court judge in 1984.
“I was in my 30th year when I packed it in,” Fontana noted. “And it was a very interesting 30 years.”
Though his base court was in Ottawa, Fontana and the other judges took turns presiding in different towns, such as Perth, Renfrew, Cornwall, Kingston, and Belleville.
“I got to see how different places operated,” he explained, noting he also spent many summers in Fort Frances, where he offered up his services.
“If anyone needed a break, I was willing,” he remarked.
And Fontana said he did take court in Fort Frances numerous times, as well as in Kenora, Dryden, Rainy River, Sioux Lookout, and Pickle Lake.
“I think they appreciated it,” he said.
But now, there is no resident judge located in Fort Frances and Fontana knows it is not a good situation for district residents.
“None of us think it’s good,” he stressed, saying he did speak to the Chief Justice about the issue on two occasions.
He also said the effort Barb Morgan, president of the District of Rainy River Law Library Association, has put into trying to rectify the situation is a great service to the community.
“Just because there isn’t a resident judge now doesn’t mean it can’t change,” he reasoned.
With the judges for Rainy River District now all based in Kenora, more emphasis has been placed on teleconferencing.
“It’s not a good way to do it,” Fontana said, citing the technology isn’t always reliable.
He indicated judges hear many emergency cases in Family Court, which he noted is often too important to use teleconferencing.
“It’s a less-than-ideal situation,” he reiterated. “I’d want to see the child in person.”
Fontana added not having a resident judge also stretches out the process. For instance, in order to obtain a search warrant, police now have to travel to Kenora to get the judge’s signature.
“It creates a problem,” he remarked. “It’s just better to have a resident judge.”
Fontana said he has seen plenty of changes to the judicial system over his 30-year career—some due to the Charter of Rights introduced in 1982.
“It had the effect of slowing down the criminal process something incredible,” he noted.
“It was never expected to be that way.”
For example, prior to 1982, it was highly unlikely for a case of assault or impaired driving to take more than one-and-a-half hours.
Once it could be contested, however, one case could take an entire day.
Fontana added the Charter of Rights also brought about strict rules and regulations, such as what evidence is admissible.
Before the Charter, he explained, it was never the law in Canada that evidence collected by police had to be done following certain regulations.
“Once evidence could be excluded, and they could contest evidence before it is even heard, that stretched things out,” Fontana noted.
“Sometimes cases are taking a year before they are even heard and that’s not good.
“Too much time passes, memories fade. It’s generally not a healthy situation.”
Another change Fontana has seen is that there are not nearly as many jury cases heard anymore—only in the most serious offences.
“That means the workload is pushed on the Ontario Court,” he said.
He noted the Charter of Rights also created a greater demand for people who knew criminal law and specialists in the field were needed.
“There’s a whole range of specialists now,” he remarked, citing in Ottawa there are about 125 lawyers who specialize in criminal law.
In addition, Fontana has seen more women become involved in the judicial system. When he started his private practice in 1972, he recalls there being three female lawyers.
“And none did criminal defence or prosecution,” he said. “In 30 years, I’d say of the criminal defence bar, about one-third are women.
“In the Crown attorney side, about one-half are women.”
Fontana added in the Ontario Court in Ottawa, currently there are 14 judges, of which nine are women.
“That’s how things have changed,” he said.
But now that he has retired, Fontana has plenty of ideas to keep himself busy.
“Of course, I’m going to take it easy for a while,” he said, noting he and his wife bought a place in Florida and they also have a place on Rainy Lake, where they plan to spend a good part of the summer.
He also has toyed with the idea of going back into practice with a law firm, but feels he’s been away from that for too long.
Fontana, who has authored several legal books and novels, likely will continue writing.
He wrote “The Law of Search and Seizure in Canada,” which was a little over 700 pages.
It is now up to its ninth edition, so he noted it will take plenty of his time to update that.
“He has always taken a keen interest in legal matters in our district and is very supportive of the Rainy River District Law Association,” Morgan stated.
“He is a judge who exemplifies all of the attributes of excellence in respect of his judicial skills.”
