Lethbridge Courthouse. (Lethbridge News Now)

By David Opinko

Alberta courts announce changes amidst COVID-19 pandemic

Mar 17, 2020 | 4:20 PM

LETHBRIDGE, AB – The Provincial Court of Alberta is limiting all regular operations, effective Tuesday, March 17, until further notice.

Steps are being taken to protect the health and safety of all court users while ensuring respect for the legal rights of accused persons and civil litigants.

“As of Tuesday, March 17, 2020, if you have a family, civil, criminal court or a Provincial Offences/traffic court appearance in the Alberta Provincial Court, you do not need to attend unless the matter is an in-custody or urgent criminal matter, or an urgent family or child protection matter.”

No members of the public will be allowed in courtrooms unless they are required for a court matter (parties, witnesses, media). Legal counsel are permitted access to the courthouse for urgent court-related business.

“Do not come into a courthouse in person if you have been advised to self-isolate by public health officials, your doctor or the Alberta Health Services website; or you are self-isolating as a result of travel or contact with individuals with COVID-19.”

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Criminal and Youth Criminal Matters:

“If you are not in custody and you have a criminal court appearance in the Alberta Provincial Court between Tuesday, March 17 and Friday, May 22, 2020, you do not need to attend court. The Court website will be updated regularly to provide information regarding rescheduling, which will be 10 weeks from the date of your scheduled court appearance or the next court date thereafter.”

All in-custody matters will proceed, including:

• Bail hearings
• Sentencings with a priority given to those facing a time-served situation
• Preliminary inquiries and trials
• Youth criminal sentence reviews

The court will hear urgent out-of-custody criminal matters with leave of a judge.

The Court will be available to process urgent warrants and judicial authorizations.

Civil Matters:

“Civil matters, with the exception of pretrial conferences and case management that are set to proceed before May 22, 2020, will be adjourned indefinitely and parties will be contacted by the local trial coordinator or the Court about rescheduled dates.”

• Urgent landlord and tenant matters and other urgent matters will proceed with leave of the Court
• Civil pre-trial conferences and case management will be conducted by phone
• Desk assessments and desk applications will continue
• Parties may contact the Civil Division regarding scheduling by calling their local courthouse, or in Edmonton at 780-644-7638; and in Calgary at 403-297-7219

Family and Child Protection:

“Non-urgent family matters set to be heard after March 17, 2020, will be adjourned for ten weeks from the scheduled court date. The Court website will be updated regularly to provide information regarding rescheduling, which will be 10 weeks from the date of your scheduled court appearance or the next court date thereafter.”

The following matters are considered “urgent” and will be heard by the court:

• Matters with statutory limitations or deadlines
• Where there is the risk of violence or immediate harm to one of the parties or the child
• Where there is risk of removal of a child
• Apprehension orders
• Initial custody hearings
• First appearance after apprehension
• Mandatory reviews or show causes under the Child, Youth and Family Enhancement Act, Protection of Children Abusing Drugs Act, Protection of Sexually Exploited Children Act, Mandatory Drug Testing and Disclosure Act, and Mental Health Act
• Warrants
• Emergency protection orders

Family pre-trial conferences, child protection case management meetings, and judicial dispute resolutions will be conducted by phone unless adjourned.

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