B.C. courts take slow return to work
B.C.’s courts are continuing a measured return to pre-pandemic operations, although officials continue to ask that people stay away from courthouses unless necessary.
“The court has gradually resumed some regular operations, including trials, chambers applications and other hearings and conferences, many of which proceed remotely,” B.C. Supreme Court Chief Justice Christopher Hinkson said in a directive issued this week.
“While the court has expanded the scope of its in-person operations, counsel, parties, litigants and members of the public are discouraged from attending courthouses unless their personal attendance is necessary or the court so directs.”
B.C. Court of Appeal
The suspension of service and filing deadlines for existing appeals and chambers applications in B.C.’s high court started March 18 and has been extended to July 27. As of July 14, parties can now request that appeal hearings proceed in a courtroom or by Zoom video conference.
The court registry is accepting filings in all matters. In civil appeals, electronic filing remains mandatory for lawyers and optional for self-represented litigants.
The time limit for filing cases remains suspended.
“Persons in the courtroom are not required to wear masks, but everyone may, of course, do so, except when addressing the court at the hearing,” said a directive on Tuesday from Chief Justice Robert Bauman. Counsel and litigants must bring their own water, and furniture is being disinfected between hearings.
B.C. Supreme Court
From July 13, in-person registry services will resume at all Supreme Court registries and the interim process for requesting a hearing of an urgent or essential matter will no longer be available, Hinkson said.
In criminal matters, bail and bail review hearings, detention review hearings, regular fix-date appearances and regular pre-trial conferences, COVID pre-trial conferences and case management conferences will continue by phone, a directive from Associate Chief Justice Heather Holmes said.
Those using registries are recommended to continue using electronic, mail or fax filings where possible. For family law matters, parties are no longer automatically relieved of the requirement to attend a judicial case conference before making an application by written submissions but that can still be done via phone.
Judicial case conferences already scheduled to occur on or after June 1 will resume by phone.
Civil and family trials scheduled to begin on or after June 8 have resumed unless otherwise directed.
“The resumption of civil and family trials may be subject to change as a result of limitations on available facilities or public health recommendations,” Hinkson said.
Jury selections remain cancelled until September. Parties in civil cases can seek to have cases heard by judge alone.
Mandatory time periods for the commencement of a civil or family proceedings have been suspended. “Once this suspension is lifted, more directions will be provided by the court,” Hinkson said.
B.C. Provincial Court
Chief Judge Melissa Gillespie said Wednesday that provincial court would return to receiving all filings at the applicable court registry either in-person or remotely.
The provincial court began reopening courtrooms on a limited basis in June.
As of Wednesday, registries will accept all family cases filings. Small claims filings will be accepted July 13, while urgent small claims matters will only be heard by telephone.