B.C.’s Supreme Court and Appeal Court have suspended operations except urgent and essential matters to protect the health and safety of court users and to help contain the spread of COVID-19, the courts chief justices said.
“The court plays a fundamental role in our constitutional democracy and must provide access to justice on the most urgent matters at all times,” Appeal Court Chief Justice Robert Bauman said.
“The limitations described in this notice ensure that the court continues to hear the most urgent matters while responding proportionally to the COVID-19 international pandemic.”
The courts have also taken measures to preserve the principle of open courts and public scrutiny of their operations through providing methods by which media can observe or participate in proceedings.
If media or members of the public do attend open court proceedings, distancing and sanitary measures are in place.
Supreme Court
Supreme Court matters include: bail and bail review hearings; scheduling and detention review hearings; habeas corpus applications or other applications by in-custody accused persons and offenders that require prompt attention; applications for search warrants or arrest warrants; or other related applications that should not be delayed, Chief Justice Christopher Hinkson said.
The order affects all courthouses and is designed to help stop COVID-19 spread while protecting the health and safety of court users and staff.
Hinkson said courthouses would remain open, but in-person registry services are suspended.
“Counsel, parties, litigants and members of the public are strongly discouraged from attending courthouses unless personal attendance is absolutely necessary or unless the court otherwise directs,” Hinkson’s order said.
Supreme Court criminal matters scheduled for any type of appearance March 19 through May 1 are adjourned, unless the court otherwise directs.
All accused with scheduled appearances in that time period will have bench warrants issued but those will not be executed until an appearance can be scheduled. If a person subject to such a warrant appears, that warrant would be vacated.
For matters scheduled for the period between March 19 and April 9, the next appearance will be set on the fix date list of the court location where the matter was scheduled to be heard, on the dates in Appendix A .
For a matter scheduled for the period between April 14 and May 1, the next appearance will be set on the fix date list of the court location where the matter was scheduled to be heard, on the dates in Appendix B .
Parties to a case must file documentation with the court for a judge to determine if a situation is urgent or essential with an online process to be used as much as possible. If a judge determines a hearing is required, applicants and respondents will be asked to file materials.
“Parties will appear by telephone where possible and appropriate, or by video where appropriate and available,” Hinkson’s order said.
Hearings will only be scheduled at seven centralized registries: Â鶹´«Ã½Ó³»Law Courts, New Westminster, Victoria, Kamloops, Kelowna, Prince George and Nanaimo.
Court of Appeal
Bauman noted Minister of Public Safety and Solicitor General Mike Farnworth suspending the required time periods to commence civil or family proceedings.
Bauman said parties should continue to file and serve notices of appeal or applications for leave to appeal in criminal matters within required time periods. And, he said, the registry would continue to accept filings by fax, mail or phone.
“After filing and serving new notices of appeal or applications for leave to appeal, all subsequent filing and service deadlines will be suspended and will start to run again beginning 4 May, 2020, unless otherwise directed,” Bauman said.
He said timelines for taking a step mandated by court order or direction have not been suspended.
“However, litigants can expect the court to consider the exceptional circumstances created by the COVID-19 pandemic if an extension is sought,” Bauman said.
The courts timelines on existing cases can be found .
The to handle constitutional challenges in cases where the government has overstepped its legal authority in the COVID-19 crisis. Processes for such cases are covered in Hinkson’s order.
Provincial Court
A notice from Provincial Court Chief Judge Melissa Gillespie said, “In light of the extraordinary circumstances during the current public health emergency, people are strongly discouraged from attending any courthouse.”
Urgent cases will only be heard at hub courthouse – Prince George, Surrey, Kelowna and at Vancouver’s Robson Square and Main Street facilities.
A list of what will happen in family law and small claims matters can be found .
