23 Nov How has COVID-19 Impacted Pre-trial proceedings in Canada?
Pre-trials allow for the parties involved in the litigation process to further identify or narrow the issues that may be raised during trial. They may also be used as a means to encourage settlement by a judge. With many public buildings, including courts closed this article will give you a list of the courts and new procedures and social distancing measures.
Impact of COVID-19 on Canadian Courts
Courts across Canada have adjusted their operations to ensure the safety and well-being of the public and all court participants. This includes the judiciary, court staff, litigants, witnesses, media and the general public. We have compiled a list of each court and some info relating to closures and restrictions.
Canadians involved in court matters—including family and civil trials, criminal trials, and tax court proceedings—are encouraged to consult the appropriate court website to get the most up to date information.
Supreme Court of Canada
The Supreme Court of Canada building remains closed to visitors out of concern for their health and safety. However, the Court is open for case-related matters. Hearings were conducted both in person and by video conference during the first three weeks of the fall session, which began on September 22, 2020. The Chief Justice has directed that, given the current COVID-19 pandemic situation, all counsel are to appear via video conference, using Zoom, for hearings in November and December 2020. The Justices will be present in the Courtroom, and all proceedings will be live-streamed on the Court’s website.
For more information, please visit www.scc-csc.ca
Federal Court of Appeal
The Federal Court of Appeal has mapped out the following dates and PDFs for changes to its procedures. Please click below to download any of its documents.
- Resumption of In-Person Hearings and the Effect of the Time Limits and Other Periods Act (COVID-19) (September 1 2020)
- COVID-19 : Recommended Preventative Measures For Resuming In-person Court Operations (July 17 2020)
- Gradual phase-out of Suspension Period: COVID-19 (June 11 2020)
- COVID-19 Suspension Period Extended to June 15, 2020 (May 28 2020)
- Notice regarding further extension of the COVID-19 Suspension Period and remote commissioning of affidavits (May 12 2020)
- Update on the Management of Court Files During the COVID-19 Suspension Period (April 15 2020)
- Extension of suspension period and additional measures taken (April 2 2020)
- Notice regarding temporary suspension of filing deadlines (March 18 2020)
- Update on Court operations in light of COVID-19 (March 16 2020)
For more information, please visit www.fca-caf.gc.ca
The Federal Court has mapped out the following dates and PDFs for changes to its procedures. Please click below to download any of its documents.
- Practice Direction (COVID-19) Update #6 – September 8, 2020
- COVID-19 Order: Update #5 – June 25, 2020 (amended July 9, 2020)
- CONSOLIDATED COVID-19 PRACTICE DIRECTIONS – June 25, 2020
- COVID-19 Practice Direction and Order: Update #5 – June 25, 2020
- COVID-19 Practice Direction and Order: Update #3 – May 29, 2020
- COVID-19 Practice Direction and Order: Update #2 – April 29, 2020
- COVID-19 Amended Practice Direction and Order – April 4, 2020
For more information, please visit www.fct-cf.gc.ca
Tax Court of Canada
Due to the suspension of time limits established by the Time Limits and Other Periods Act (COVID-19), they are currently working on updating the Tax Court of Canada E-Filing application in order for the system to account for additional time for the filing of notices of appeal without having to make an Application for an Extension of Time.
For more information, please visit www.tcc-cci.gc.ca
Provincial and territorial courts
A full list of all impacted courts by territory can be found on www.justice.gc.ca
Court Martial Appeal Court of Canada
The Court Martial Appeal Court of Canada has mapped out the following dates and PDFs for changes to its procedures. Please click below to download any of its documents.
- Extension of period for electronic filing, September 9, 2020
- COVID-19: Recommended Preventative Measures For Resuming In-person Court Operations, July 17, 2020
- Remote Commissioning of Affidavits -COVID-19, July 9, 2020
- Gradual Resumption of Court Operations – COVID-19, June 30, 2020
- Update on Court Operations in light of COVID-19, April 7 2020
- Court operations in light of COVID-19, March 17 2020
For more information, please visit www.cmac-cacm.ca