Lethbridge Courthouse. (Lethbridge News Now)

By David Opinko

General public not allowed in Alberta courthouses, changes to proceedings announced

Mar 24, 2020 | 12:17 PM

LETHBRIDGE, AB – A series of changes have been announced regarding courthouse operations in Alberta and who is allowed to attend and for what reasons.

Due to a combination of the provincial State of Public Health Emergency and absenteeism due to self-isolation measures, child care issues, and other circumstances, court operations have been “significantly impacted” in recent weeks.

A public notice from Court of Queen’s Bench of Alberta has outlined steps that are being taken to address current challenges.

“To protect the health and safety of the Courts’ staff, all court users and the community, the Courts ask that, until further notice, members of the public not visit the courthouses in this province.”

“Instead, only those persons necessary to court proceedings should attend at the courthouses. Those necessary are counsel, litigants and members of the media.”

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“While the pandemic has affected the manner in which the Courts operate, we assure the public that the Courts will do what is necessary to maintain essential services and the rule of law.”

To see the full list of “essential” court matters, go here.

Proceedings will still go ahead for matters considered “essential”. For the provincial court, this includes:

• Bail hearings for adults that can’t be handled by the Hearing Office, and Youth Release hearings
• In-custody docket appearances, including summary dispositions — particularly where an individual is likely time served.
• In-custody trials or preliminary inquiries.
• Warrants on urgent basis by JP and PCJ
• Child Apprehension Orders, as required by PCJ or JP; and return from apprehension where required on an urgent basis
• Review of and Apprehension Orders on an urgent basis under PChaD, Drug Endangered Children Act, Protection of Sexually Exploited Children Act, and Mental Health Act.
• Emergency Protection Orders
• Emergency applications (ie. Firearms)
• Family Court Matters that are urgent eg. Absconding with a child.
• Landlord-Tenant Matters where the Landlord is evicting a Tenant.
• Initial custody hearings under s. 21.1 of the Child Youth and Family Enhancement Act

The same goes for Court of Queen’s Bench as well for emergency matters in which serious consequences to persons or harm to property may arise if the hearing does not proceed, or if there is a risk of loss of jurisdiction or expiration of an existing protection or restraining order:

• a) Family Matters:
  • Orders where there is a risk of violence or immediate harm to one of the parties or a child.
  • Orders where there is a risk of removal of a child from the jurisdiction.
  • Emergency Protection Order reviews.
• b) Civil Matters:
  • Orders relating to the pandemic, including quarantine orders.
  • Injunctions, where there is prima facie urgency, including refusal of treatment/end of life matters.
  • Civil Restraining Orders.
  • Preservation Orders.
  • Urgent Orders in the nature of habeas corpus, certiorari, mandamus and prohibition.
• c) Surrogate Matters:
  • Emergency Adult Guardianship and Trusteeship Orders, where there is a risk of harm to an individual or their property.
• d) Criminal Matters:
  • Detention and bail review Orders.
  • Wiretap, Production and related Orders.
  • Fresh arrest warrants.
• 1. Urgent Matters Requiring Priority Attention as of March 23, 2020:
  • Subject to the prior approval of a Justice or Master as the case may be, matters that do not rise to the level of the first priority, but must nevertheless proceed in a timely way in the context of a reduction in Court services. These matters include, but are not limited to:
    • Arraignments for in-custody accused and Jordan-threatened cases.
    • Criminal proceedings where there is a real risk to the fair and proper adjudication of the matter due to the passage of time and where there is consent to proceed by videoconference or audioconference.
    • Urgent Adult Guardianship and Trusteeship Orders.
    • Urgent orders relating to parenting time, contact or communication with a child (that cannot reasonably be delayed).
    • Urgent or time-sensitive Commercial matters where there are immediate and significant financial consequences which may result if there is no judicial hearing.
    • Urgent Surrogate Orders.
    • Anton Piller or Mareva-type injunctions.
    • Freezing Orders.

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