B.C. courts restrict access to limit spread of COVID-19 in justice system

Access to all levels of court in British Columbia will be restricted for the foreseeable future as the province's justice system adjusts to prevent the spread of COVID-19.

Measures range from the cancellation of all general sittings and the adjournment of anything but urgent matters for the next two weeks in Federal Court to the cancellation of jury selection in B.C. Supreme Court until the end of May.

B.C.'s Court of Appeal is asking lawyers and parties to consider agreeing to adjourn matters (criminal, civil and family) previously scheduled to take place between now and the end of May — unless they're urgent.

And provincial court administrators announced plans to cancel family conferences, small claims settlements, child protection conferences and trial conferences between now and May 4.

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They also said judges would decide whether criminal, small claims, family or child protection trials that had been scheduled for Monday or Tuesday would go ahead.

Concerns about impact of disease

The moves comes as courts from New York to Ontario have announced the suspension of jury trials and other moves to limit the spread of the novel coronavirus through justice systems. Lawyers in B.C. had expressed concerns about the possible impact of the disease on members of the legal community, including judges and their clients.

As of Wednesday, all bail hearings at the provincial court level will be held either by video or audio conferencing.

Provincial court judges will continue with trials or sentencing for accused who are being held in custody and any other criminal matters that are considered urgent.

They'll also continue to grant applications for search warrants and to preside over family, criminal or small claims matters that are considered urgent.

At the next level of court, B.C. Supreme Court, judges who were scheduled to hold trials in front of juries will give an accused the option of being tried by judge alone. If they don't want to proceed on that basis, the trial will be adjourned until after May 31.

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The same question will be asked of all parties in civil trials, and they'll proceed as scheduled if the plaintiffs and defendants agree.

In ongoing jury trials, the presiding judge will decide whether the trial should go ahead or be stood down for a while.

Concern about delay

In deciding to adjourn matters or delay matters, the courts have to balance public safety with the right of anybody charged with an offence to be tried within a reasonable period of time. A Supreme Court of Canada decision in 2016 set time limits at 18 months for provincial court trials and 30 months for those held in superior courts.

But according to Justice Canada's website, delays can be justified by the Crown where "exceptional circumstances" can be proven, including "those that lie outside the Crown's control."

The federal court will continue to hear urgent matters and to deal with hearings, special sittings or case conferences that were scheduled to be held by telephone.

The provincial court is also asking members of the public to refrain from attending court if they have any symptoms of COVID-19 and they're asking lawyers, witnesses and other parties who are either in self-isolation or in quarantine to let the courts know.

The provincial court also said that there would be no paper cups or jugs to provide water for lawyers and parties involved in the justice system, but that people could bring their own water bottles into the courtroom as long as they took them away at the end of proceedings.

If you have a COVID-19-related story we should pursue that affects British Columbians, please email us at impact@cbc.ca.