Measures introduced for courtrooms
Public excluded, matters being adjournment to June or later
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.”