B.C. provincial court to restart some in-person proceedings in June

The Provincial Court of British Columbia will resume in-person proceedings to hear priority matters starting next month.

On June 8, two courtrooms will be opened in each of six locations: Victoria, Surrey, Prince George, Kelowna and Vancouver’s Robson Square and 222 Main St.

On June 15, one courtroom will be opened for in-person priority appearances in Campbell River, Courtenay, Nanaimo, Duncan, Port Alberni, Port Hardy and 22 locations on the mainland.

In-person proceedings will be available only for priority matters that cannot otherwise be accommodated remotely, said an announcement from the provincial court.

“Open, accessible courts are fundamental to our democracy. The rule of law depends on it. However, the public, litigants, court staff, court participants, counsel, judges and the media need to know that when they come to court they will be safe,” the court said.

The court transitioned to an essential services model in March, limiting hearings primarily to urgent matters. Since then it has been developing procedures to expand the types of cases that can be heard to include less urgent matters suitable for remote proceedings, resolve matters capable of settlement, and efficiently reschedule some matters.

In the meantime, the government has hired a consultant to provide recommendations to minimize transmission of COVID-19 in the courthouses and courtrooms. These recommendations take into account the most recent directions from B.C.’s provincial health officer. More information will be made available on the provincial court website at provincialcourt.bc.ca.

Despite the COVID-19 crisis, the court has been open and has heard urgent criminal family, small claims and criminal matters. Bail hearings are being heard remotely.

As part of the COVID-19 recovery plan, the court has introduced mandatory pre-trial conferences for most adult and youth criminal trials and preliminary inquiries, as well as for family and small claims trials. Telephone sentencing hearings are available for some non-urgent out-of-custody matters. The court is also resuming case conferences in family and small claims cases by telephone or videoconference.

In criminal matters, pre-trial conferences on all matters expected to take more than half a day are being held virtually by the lawyers and the judge. “If resolution is not possible, then files will be case managed to restrict the use of court time to what is absolutely necessary to ensure a fair and timely trial, in this time of limited court resources,” the court said.

Remote appearances are already being scheduled to accommodate guilty pleas on criminal matters where the Crown is not seeking a jail sentence.

Traffic and ticket matters scheduled from March 18 to June 12, 2020, have been adjourned. Those intending to dispute a ticket will not be required to attend court to reschedule to a later date. A notice of a new appearance date will be sent by mail to the address on file with the court.

In B.C. Supreme Court, civil jury selections are suspended and civil jury trials at all locations are cancelled until Sept. 7.