Provincial court changes coming.
SYDNEY — Restrictions are slowly being lifted in provincial courts across the province as officials pay close attention to strict measures for social distancing, modifying courtrooms and other spaces, and enhanced cleaning.
Since March, the province has been under a state of emergency in a bid to halt the spread of COVID-19 virus which has caused a global pandemic.
As a result, the courts have restricted access on who can enter courthouses or attend court in person. Earlier this month, the court expanded in-person hearings to include trials and preliminary inquiries for accused individuals in custody, provided all public health directives are followed.
Beginning July 2, provincial courts will further expand in-person hearings to a limited number of trials and preliminary inquiries for accused individuals not in custody provided the hearing can proceed safely.
Some hearings may still be delayed as work continues to modify courtrooms and public court spaces.
“As the situation with the pandemic evolves, we are continuing to adapt and expand the services available, where it is safe to do so,” said Chief Judge Pamela Williams.
“We expect that social distancing will continue for some time. That will require us to continue limiting the number of people who can physically be in the courthouse and individual courtrooms at once. We ask for your continued cooperation by not coming to court in person if you are not required to do so. If you are unsure, please contact the courthouse for further instructions.”
Sheriff Services officers will screen people at the entrance to the courthouse to ensure an individual’s presence is required in court and it is safe for them to attend. Anyone who has travelled outside the province recently, is experiencing symptoms of COVID19 or has been directed by public health officials, 811 or a doctor to self-isolate, should not visit a courthouse.
As part of the assessment being done by the Court Recovery Committee, all courtrooms have been measured for social distancing purposes. Occupancy limits will be posted outside courtrooms and seating in the courtroom will be designated to ensure participants are seated two metres (six feet) apart.
Hand sanitizer and sanitizing spray and/or wipes will be available in courtrooms. Counsel are encouraged to clean their immediate surroundings (e.g. counsel table, chairs) before leaving. Witness boxes and seats in the gallery will be cleaned between uses.
Measures will be in place to ensure safe social distances between counsel, court staff and any witnesses involved in a hearing, and to reduce the risk of transmission through the handling of exhibits and paperwork.
Individuals are permitted to wear a health mask to court and are encouraged to bring their own.
Masks are not required when social distancing can be achieved. Masks will not be made available to prosecutors and defence counsel, but a limited number of masks will be available for accused individuals and witnesses who do not have their own.
Sheriff officers will also monitor the number of people in the courthouse and areas such as courtrooms, waiting rooms, meeting rooms, and hallways to ensure that occupancy limits for social distancing are not exceeded.
Signage throughout courthouses will remind people of social distancing, to assist with traffic flow, advise people of occupancy limits in courtrooms, waiting rooms and washrooms. Sheriffs will enforce social distancing inside the courthouse and in the area around the entrance.
Cleaning in the courthouses has increased, including regular disinfecting of high-touch areas. Hand sanitizer will be available at monitored locations throughout the buildings (e.g. entrances, outside elevators and courtrooms, inside courtrooms and near high-touch areas). All visitors will be required to use hand sanitizer upon entering a courthouse.
The provincial court will continue to operate intake court by telephone and video, except where personal attendance is necessary.
Individuals represented by a lawyer can generally instruct their lawyer to appear on their behalf and counsel can generally appear by telephone.
Accused individuals who are currently unrepresented are encouraged to apply to Nova Scotia Legal Aid, either online at https://www.nslegalaid.ca/online-application/ or by calling their local Legal Aid office. If accused individuals are unable to obtain counsel before their court date, they can apply for Legal Aid duty counsel assistance.
Self-represented individuals who attend court in-person for a matter that does not require them to be physically in the courtroom may be taken to a video conference room in the courthouse, where they can appear before the judge by video. The surfaces in those rooms will be cleaned in between uses.