COVID-19 and the courts: Jan. 18 update

Courts across Canada have been taking measures to control the spread of the coronavirus COVID-19. Below is a roundup of actions courts are taking across the country.

British Columbia

Supreme Court of British Columbia

Abbotsford Law Courts: Chambers Applications of two hours or less
On Jan. 18, the new Abbotsford Law Courts will open at 32375 Veteran’s Way, Abbotsford, B.C., V2T 0B3 and parties may start filing their documents at the Abbotsford registry. On Feb. 1, the court will start sitting at the Abbotsford Law Courts. Beginning the week of Feb. 16, the court will hear chambers applications of two hours or less via telephone or Microsoft Teams, except if otherwise directed. Judges chambers will be conducted each Tuesday at 9:45 a.m., while Masters chambers will be conducted every Friday also at 9:45 a.m., subject to certain exceptions for statutory holidays.

Saskatchewan

Provincial Court of Saskatchewan

Update for Court Users and the Public
The court has extended to Feb. 16 the suspension of most trials, preliminary inquiries and in-person hearings, according to its Jan. 8 update. Circuit point dockets will move forward via phone from the permanent court location. The extended suspension responds to the rising number of COVID-19 cases in the province and to the Chief Medical Health Officer’s guidance, which discouraged unnecessary travel outside of home communities, decreased the maximum gathering limits and increased the recommendation for distancing to three metres, in situations where there are no physical barriers in courtrooms. The court intends to contact the parties before the trial date if it has such contact information. If a party is ready, they can apply for the matter to proceed, and the judge may conduct a trial management conference to decide whether the matter can move forward while complying with public health guidelines. If a party is not ready or has failed to attend the trial management conference, the presiding judge can reschedule the matter to another date.

Manitoba

Court of Queen’s Bench of Manitoba

Practice Direction - Resumption of Judge-Alone out of custody Criminal Trials
As of Feb. 1, judge-alone criminal trials for both in-custody and out-of-custody accused individuals will presumptively resume as scheduled and in person, with health and safety protocols in place. In-person proceedings should be conducted in courtrooms which are properly equipped and which are spacious enough to allow physical distancing. Where justified, the trial judge has the discretion to order the use of video conference equipment to enable a trial participant to remotely appear, such as in a situation where a witness cannot personally attend because of a travel restriction or a requirement to self-isolate. Counsel are urged to communicate before the scheduled trial any expected complications regarding the in-person attendance of witnesses. The court also announced that it would be offering email filing in the Winnipeg Judicial Centre.

Ontario

Ontario Superior Court of Justice

Notice to the Profession and Public Regarding Court Proceedings
From Jan. 13 until May 3 at the earliest, jury trials are suspended, with no new jury selection to commence during this period. The trial judge has the discretion to decide whether proceedings which are in progress can continue. This extension of the suspension of jury trials is the court’s response to the new provincial restrictions announced on Jan. 12. As for non-jury matters, they should move forward virtually, to the greatest extent possible. The exception, which will allow the conduct of in-person proceedings, will occur if the judicial officer has decided that an in-person proceeding is “absolutely necessary.”