Phase 1 Criminal Courts Resuming during COVID-19: What does that entail?

The Ministry of the Attorney General, which is in charge of court operations has initiated phase 1 of reopening the courts. This is very important because it allows criminal trials and preliminary inquires to resume. Thousands of trials were adjourned during the last few months. Court operations have set up courtrooms to allow people inside while following the distancing guidelines of 2 meters. Courts that could fit dozens of people can now fit less than a dozen. In addition, extra tables have been set up for lawyers with ‘hockey glass’ separating the Judge, clerks, Crown Attorneys, and defence counsel. Counsel has been asked to make submissions from a sitting position. The one grey area is how to deal with exhibits and passing documents safely. In teleconference and zoom court, emailing has been quite easy, especially if done before hand. Before a trial can continue or set down, a judicial pre-trial (JPT) has to be held with the Crown, Judge, and Defence. Court time was always precious but with the backlog, trial time will be at a premium: it is best practice to make sure everyone is ready with evidence and witnesses. MAG has come up with a fair priority list of setting trial dates: in-custody matters take priority. The challenge will be ensuring counsel and self represented people promptly go through this process of having a COVID JPT and then quickly setting the matter down for trial. As for bails, in and out of custody pleas, and pre-trials, they will continue to operate via teleconference and zoom.