Law firm says courts need to reopen now

An Edmonton law firm is calling for Alberta’s courts to reopen, citing an “untenable” backlog of cases and arguing the risk of COVID-19 transmission in courthouses can be managed.

Courts in Alberta have been hearing only emergency and urgent cases since the start of the pandemic in late March — restrictions which, depending on the court, are scheduled to be in place for at least another month.

On Tuesday, Edmonton-based Liberty Law sent a letter calling on Alberta Justice Minister Doug Schweitzer to work with the judiciary to reopen the courts in accordance with Alberta Health guidelines.

“We were deemed an essential service right at the beginning of the pandemic,” said Bob Aloneissi, a partner at Liberty Law. “And yet we’ve essentially shut down and (have) not operated as an essential service.”

Alberta launched Phase 1 of its reopening plan Thursday, allowing certain retailers, attractions such as museums and art galleries, and daycares to reopen under strict public health guidelines. Also included in the first phase are bars, restaurants, salons and barber shops outside Calgary and Brooks.

While they are allowing some cases to go forward via video conferencing, courts remain largely closed. The Court of Queen’s Bench last week extended its prohibition on non-emergency and urgent cases to June 26, with no jury trials or jury selections until September. Some restrictions at the provincial court level will be in place until at least early July.

The pandemic has been particularly hard on the bottom lines of many criminal defence lawyers, many of whom have had their cases adjourned indefinitely.

In its letter, Liberty Law said it is “incongruous” that Albertans are able to go shopping and eat at restaurants while the courts remain in limbo.

“It boggles my mind that I can go to the garden centre. I can go to a menswear store. I can play golf. I can go to the Apple Store,” partner Brian Hurley told The Canadian Press. “But I can’t get to court for about 90 per cent of my matters.”

Liberty Law’s letter suggested courts could operate within Alberta Health guidelines, including having no more than 15 people in the same space, maintaining physical distancing of at least two metres, following hygiene protocols and requiring masks and gloves.

The letter said people attending court would be expected to “self screen,” adding clerks or other personnel could conduct “secondary screening” at the entrance.

Many Alberta courtrooms could easily operate under physical distancing protocols, Aloneissi said.

With months worth of postponed cases plus new files during the pandemic piled onto the already considerable backlog, Aloneissi said any level of court operation is preferable to the status quo.

“It’s just going to be an avalanche of cases, and I don’t know how we’re going to deal with that,” Aloneissi said.

Jordan Stuffco, president of the Criminal Trial Lawyers Association (CTLA), said his organization is “seeking solutions with court administration to try and get our courts back up and running in an efficient and substantive way.”

“We want the courts to reopen in a safe and timely matter similar with other essential services and businesses.”

Damian Rogers, president of the Alberta Crown Attorneys’ Association, said he supported the current steps taken by the courts to adjourn most cases.

“Prosecutors, like all workers, are entitled to safe workplaces,” he said in an email. “Time is needed to modify courthouses for physical distancing, to provide protection for workers in the courts and to develop procedures which respect public health requirements.”

Alberta Justice stated courts operate independently of government and make their own decisions regarding their operations.