Tri-County Vanguard

Measures introduced for courtrooms

Public excluded, matters being adjournmen­t to June or later

- TINA COMEAU

Yarmouth defence lawyer

Phil Star has been practising law for a long time. But even decades on the job didn’t prepare him for what he was seeing — or more significan­tly, what he wasn’t seeing — in a Yarmouth courtroom for the first time last week.

Notably absent was the public.

“I’ve seen nothing even close to this,” said Star, as he peered over the empty public gallery of the courtroom.

The Nova Scotia Courts have introduced social distancing and other measures aimed at keeping the courts open while minimizing the spread of COVID-19.

As of March 17, access to provincial court is now restricted “to only those persons who are necessary to the proceeding­s before the court.” This includes Crown attorneys, defence lawyers, court and sheriff staff, accused individual­s, witnesses, support workers and members of the media.

The general public is not permitted in the courtroom. Media access is allowed to honour the open court principle.

A further announceme­nt came two days later saying that as of March 19, people who have a matter before the provincial court, youth criminal justice court, family court or night court should not attend in person unless the matter is in relation to an in-custody or urgent criminal matter or an urgent family law or child/adult protection matter.

At the Yarmouth Justice Centre on the morning of March 17, people were greeted by signage on the door, and if they entered the building they were met at the door by sheriff staff asking if they had recently travelled outside of the country. Lawyers or members of the public who have travelled internatio­nally within the last two weeks — or who are experienci­ng symptoms of the coronaviru­s — were being told they should not visit a courthouse anywhere in Nova Scotia.

In provincial court, adjournmen­ts are being pushed to June or July at the earliest. Judge James Burrill said a sentencing of a youth offender stemming from an attack on a Yarmouth teenager in January 2019 had to be adjourned due to the defence lawyer being in self isolation due to travel. The sentencing was reschedule­d for June 23.

“We’re being advised by public health to not let people in the courthouse if they’ve been out of the country for 14 days and also to adjourn any matters for the next couple of months,” he said. “We have to rely on the best advice from public health officials."

The Courts of Nova Scotia say otherwise, lawyers may appear in person, or via telephone or video.

For most matters presently before the provincial court, efforts are being made to adjourn appearance­s until after May 31. Accused individual­s representi­ng themselves are

encouraged to appear by telephone or via duty counsel with Nova Scotia Legal Aid to request an adjournmen­t.

For individual­s in custody, video appearance will be the default position, including bail hearings by video, unless the judge directs otherwise.

“It’s a fluid situation,” acknowledg­ed

Phil Star, who was asked if he thinks excluding the public harms the openness of the court and/ or are understand­able and needed. He said it’s both and it can't be avoided.

“The R vs Jordan 2016 decision in the Supreme

Court of Canada talked about

unreasonab­le delay ... unless there are exceptiona­l circumstan­ces. These clearly are,” he said. “It’s totally understand­able — the health and welfare of the public and all of the participan­ts is crucial.”

“If these are not exceptiona­l circumstan­ces, then they don’t exist.”

 ??  ?? A message on the door of the Yarmouth Justice Centre telling people that if they have travelled outside of the country recently they are not allowed inside the courtroom.
Nova Scotians will have more time to pay their fines for summary offence conviction­s and no one will be automatica­lly convicted for not dealing with their outstandin­g parking or driving offences.
All staff Justices of the Peace have been instructed to extend fine payment deadlines 90 days beyond the existing due dates.
Court officials have been working with Service Nova Scotia and the Registry of Motor Vehicles to address default conviction­s for summary offence tickets and parking tickets.
The Registry suspended the issuing certificat­es of default for a 60-day period, effective
March 16. The situation will be re-evaluated at the end of the 60 days.
A message on the door of the Yarmouth Justice Centre telling people that if they have travelled outside of the country recently they are not allowed inside the courtroom. Nova Scotians will have more time to pay their fines for summary offence conviction­s and no one will be automatica­lly convicted for not dealing with their outstandin­g parking or driving offences. All staff Justices of the Peace have been instructed to extend fine payment deadlines 90 days beyond the existing due dates. Court officials have been working with Service Nova Scotia and the Registry of Motor Vehicles to address default conviction­s for summary offence tickets and parking tickets. The Registry suspended the issuing certificat­es of default for a 60-day period, effective March 16. The situation will be re-evaluated at the end of the 60 days.
 ?? TINA COMEAU PHOTOS ?? The Yarmouth Justice Centre.
TINA COMEAU PHOTOS The Yarmouth Justice Centre.

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