Cape Breton Post

Supreme Court to relax measures.

- CAPE BRETON POST STAFF news@cbpost.com @capebreton­post

SYDNEY — Nova Scotia’s legal process is slowly beginning a transition towards a new normal.

Since the province declared a state of emergency in March — imposed to stem the spread of the COVID-19 virus — the Nova Scotia Supreme Court has been operating under a modified essential services model.

Beginning Monday, the court will start its transition to a safe services model which means lawyers and others will no longer have to establish that a matter is urgent or essential to proceed in-person.

In a news release from the court, spokespers­on Jennifer Stairs said non-urgent, in-person hearings will be permitted, provided such hearings can be conducted safely and in accordance with establishe­d protocols.

“This is the first step towards our new normal,” said Chief Justice Deborah K. Smith.

“Although in-person hearings will once again be available in all types of Supreme Court matters, some matters will still need to proceed virtually or be adjourned until such time that the proper safety protocols are in place. Counsel, parties and everyone involved can rest assured that in-person hearings will only take place if we are confident that they can be done safely,” said the judge.

Lawyers who have Supreme Court cases scheduled for the latter part of June will hear from the assigned trial judge to discuss whether the hearing is able to safely proceed in-person.

A special court recovery committee has been formed to identify, assess and mitigate potential risks associated with COVID-19. The committee is undertakin­g a detailed assessment of every courtroom in the province to determine what modificati­ons may be needed before they are deemed safe for in-person hearings.

Accordingl­y, virtual court options will continue to be an important part of the Supreme Court’s pandemic recovery plan in the coming months.

Lawyers who have a matter that meets the eligibilit­y criteria listed in the May 7, 2020, directive and that they feel would be appropriat­e for virtual court, should contact their local scheduler.

Also on Monday, Supreme Court (general division) will return to its normal processes for filing court documents. That means that the general division will no longer accept electronic filings for Supreme Court matters.

Lawyers and parties will be expected to file paper copies of documents at courthouse­s. Filings will be done at drop boxes at courthouse doors, rather than at the front counters.

Lawyers and self-represente­d litigants should remember that all courthouse­s continue to operate with reduced staff.

Lawyers should also expect some delays in processing this paperwork.

Courthouse­s will continue to restrict who is permitted inside the building. Only those individual­s who work in the building, who are participat­ing in a court proceeding or who have an appointmen­t will be permitted in courthouse­s.

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