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Courts look to technology to reopen hearings

The B.C. Supreme Court, Court of Appeal and Provincial Court are looking at a variety of technology to resume hearings while following public health orders during the COVID-19 pandemic. On Friday, the B.C.
pgcourt exterior
The exterior of the Prince George courthouse. Citizen file photo

The B.C. Supreme Court, Court of Appeal and Provincial Court are looking at a variety of technology to resume hearings while following public health orders during the COVID-19 pandemic.

On Friday, the B.C. Attorney General established two advisory groups to help government support courts and tribunals deliver services during the pandemic. The Justice COVID-19 Response Group and Cross-Jurisdictional Technical Advisory Group include a wide variety of stakeholders from within and outside the legal system.

On April 20 the B.C. Supreme Court announced it will allow parties to schedule telephone conference hearings for non-urgent matters that were automatically adjourned when the court suspended operations on March 19.

"At each (phone conference), parties will be limited to addressing one disputed issue or to bringing forward issues on which they have consent," a statement issued by Chief Justice Christopher E. Hinkson said. "The issue(s) must be suitable for determination by telephone and on the basis of one affidavit per party no longer than 10 pages each. (Phone conferences) will be limited to one hour in length."

The court has only been hearing "essential and urgent" civil, family and criminal cases since the suspension period was announced. On April 20, the suspension period was extended from May 1 to May 29.

To apply for a telephone conference hearing in Prince George, the scheduling party needs to fill out a form available online at www.bccourts.ca/supreme_court/documents/COVID-19_Telephone_Conference_Hearing_Form_Final.pdf and email sc.scheduling_pg@BCCourts.ca to schedule a hearing.

Also on April 20, the B.C. Court of Appeal announced it will be resuming regularly-scheduled appeal hearings "using a variety of virtual platforms."

Appeal hearings will resume starting on May 4.

“I am very pleased to announce these developments. Our court’s ability to respond to the significant challenges posed by the COVID-19 pandemic is due in no small measure to our dedicated professional staff serving in the registry of our court," Chief Justice Robert Bauman said in a press release. “With new sittings being offered in the month of July we hope to clear our docket of the cases necessarily adjourned during the early phase of the pandemic.”

As one of several "hub courts" in the province, the B.C. Provincial Court in Prince George has continued operating through the pandemic, but has only been hearing urgent cases and encouraging parties to use video conferencing where possible.

All criminal matters involving accused who are out of custody and previously schedule to proceed by May 16 have been adjourned. The same goes for traffic, ticket or bylaw and non-urgent small claims, family case and child protection matters that were scheduled to proceed by May 4.

On April 17, Chief Judge Melissa Gillespie released a statement saying that B.C. Provincial Courts are looking at ways to increase their capacity to hear cases while complying with public safety orders.

"Although our present ability to make greater use of technology is limited by system capacity and investment, data security, and legislation, we are continuing to work on projects to increase the use of technology, both inside and outside the courtroom, to improve access to justice," Gillespie said in an online statement. "Even with current constraints, we anticipate being able to increase court operations in a staged approach, particularly as our video and audio conferencing capability grows. For example, we are working on plans to hear remotely some non-urgent matters in all divisions of the court."

For more information on how B.C. Provincial Courts are responding to the pandemic can be found online at www.provincialcourt.bc.ca/COVID19.

— With files from Mark Nielsen