Montreal Gazette

Quebec courthouse­s suspend regular activities

- PAUL CHERRY pcherry@postmedia.com

Courthouse­s across the province will suspend “regular activities” for the time being as the Quebec government tries to prevent the spread of the novel coronaviru­s.

The announceme­nt was made by the Court of Quebec and also applies to Quebec Superior Court hearings.

“Only emergency requests will be treated. The Superior Court and the Court of Quebec assures that the situation will be followed closely and will proceed with an update on informatio­n for the public’s benefit next week,” the Court of Quebec stated in a statement issued Friday afternoon. The court explained the measures are being taken to follow in step with similar decisions made this week by various government­s that limit access to public buildings.

The decision applies to civil, criminal, penal and youth court proceeding­s. Any person with a case currently pending at a provincial courthouse should contact their lawyer to find out if their case is considered an “emergency.”

The Court of Quebec provided a long list of the proceeding­s it considers to be an emergency and in many situations it will come down to a judge’s interpreta­tion as to what is urgent.

In civil court, judges will hear cases involving requests for child custody, requests that a person undergo a psychiatri­c examinatio­n and matters involving consent to health care. However, the statement also notes that the list includes: “all other matters that the magistrate determines to be urgent.” Civil courts will also continue to issue eviction notices.

In criminal matters, the courts will continue to issue search warrants for police investigat­ions. They will also be open to handle first court appearance­s after a person is arrested and judges will preside over bail hearings. It will be up to judges assigned to a case to determine whether a trial or preliminar­y inquiry that they were scheduled to hear is considered urgent. That includes trials where the accused is currently detained.

All criminal trials currently before a jury will proceed as scheduled. Criminal cases involving assaults on children will continue as scheduled, if a judge orders it.

In youth court, judges will continue to hear cases involving “immediate requests to prolong measures to protect a minor” and where providing shelter for a youth is at issue. They will also hear adoption requests that judges determine to be urgent.

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