The justice system is slowly getting back to its regular pace, but provincial courthouses in rural areas will remain closed for the time being.
The Provincial Court of Alberta announced the decision June 29 to begin allowing for more criminal, family, youth and civil court proceedings to take place in-person at base locations throughout the province as of July 6. Circuit courts in Athabasca, Barrhead and Westlock are still closed.
If you are scheduled to attend court at one of these base locations, St. Albert being the nearest, you are advised to maintain social distancing practices and wear a mask or other personal protective equipment. These locations will also be subject to enhanced cleaning protocols.
There will be no more presumptive adjournments for criminal, family, youth or civil matters.
For Athabasca-based lawyer Tim Verhaeghe, the announcement is a welcome one.
“For practitioners it has been a bit of a challenge, to say the least, with COVID-19 and the courts just adjourning all matters, what we call, sine die, which just means indefinitely,” he said, adding he is glad the courts took the necessary precautions to make sure everyone was protected, but it’s nice to see them re-opening in stages.
During the worst of the pandemic, many cases were heard via a web platform and video feed, which has actually been working well, said Verhaeghe, as it tends to speed up appearances and court dates are actually becoming more available.
With decreased travel, the cost to the client is also decreasing. The use of conferencing programs also allows lawyers to represent clients from further away, resulting in better accessibility to council of choice, so there have been benefits.
“It’s nice to see the court has moved relatively quickly to install and adapt this kind of technology to allow matters to proceed,” he said, but added it’s just not quite the same as being in the courtroom in person.
“I do prefer to appear in person, I prefer to have the familiarity of the court, you can have those discussions. So when I am in provincial court, I will try to be there as often as I can.”
For criminal matters, in-person trials and preliminary hearings for all in-custody matters will continue and in-person, out-of-custody trials and preliminary hearings will proceed at base court locations.
Case management offices are also open, but remotely, and no out-of-custody accused will be permitted.
For youth matters, trials and sentencing are to occur as scheduled.
In family court, child protection docket matters, case management conferences, case conferences and pre-trial conferences will be by remote appearance or in person, depending on the area. Initial custody hearings and trials will occur as scheduled with in-person attendance of witnesses, parties and counsel unless otherwise directed by the court.
Emergency protection orders, mental health warrants, and secure services applications are to occur in person unless exceptional circumstances exist.
Those with matters in traffic court are advised not to attend any courthouse in person, as fines can still be paid online.
Do not come into a courthouse in person if you have been advised to self-isolate by public health officials, your doctor or the Alberta Health Services website; or if you are self-isolating as a result of travel or contact with individuals with COVID-19.
More information can be found at albertacourts.ca.
Chris Zwick,TownandCountryToday.com
