'Litigants have been asking for access to the courts. And lawyers have been asking for the service,' Chief Justice Glenn Joyal, seen here in 2012, said.Steve Lambert/The Canadian Press
Manitoba’s Court of Queen’s Bench is asking lawyers and the public to keep physical distancing in mind, as it becomes the first court to confirm a date for holding trials again, in cases that are not considered emergencies.
With the exception of jury trials, which will remain suspended, all previously scheduled trials in criminal, civil, family and child-protection cases will go ahead from May 26, the court said in a notice to the profession.
“We haven’t lost sight of the prudence and the caution that caused us to take some pretty extraordinary decisions initially,” Chief Justice Glenn Joyal said in an interview, “but we realize now it’s time now to transition back, and to resume our role, subject to what we know will be evolving circumstances.”
Judges will keep an eye on the “choreography” of their courtrooms to ensure appropriate physical distancing is maintained, he said. Participants in court cases, including victims, will be permitted only a limited number of support persons and courthouse security will screen out people with any cold-like symptoms.
“Litigants have been asking for access to the courts. And lawyers have been asking for the service,” Justice Joyal said.
Courts across Canada suspended many of their operations in March because of the pandemic, while still holding hearings in urgent cases such as those involving children at risk or bail applications, some of them remotely. Courts have also dealt with preliminary matters such as pretrial motions and case conferences through video link or telephone.
Manitoba has one of the lowest rates of COVID-19 infection in the country, and the province this week began allowing some services to reopen, such as hair salons, dentists and museums.
Some provinces are looking at a gradual resumption of court activities. Saskatchewan has lifted some restrictions, and Nova Scotia’s chief justices are meeting with public-health officials this week to discuss when it may be safe to resume normal operations.
“We anticipate any further expansion of our present services will be gradual,” Nova Scotia court spokeswoman Jennifer Stairs said.
The Ontario Court of Justice announced Monday that trials and preliminary inquiries would not resume until July 6 at the earliest, unless a judge with a continuing matter orders otherwise.
Scott Newman, a criminal defence lawyer in Winnipeg, said that when he speaks with clients in the public setting of a courtroom, physical distancing will not be possible. He said he will likely wear a mask in such situations.
Manitoba’s Provincial Court has a more difficult task than the Court of Queen’s Bench in resuming its operations, because it has circuit courts that sit in dozens of communities, including fly-in Indigenous reserves, some of which have been closed. The court expects to resume non-urgent hearings in June, with the inclusion of individuals who are not in custody. It is in discussions with First Nations and other communities, hoping to resume operations the same month whether remotely or in-person, Manitoba courts spokeswoman Aimee Fortier said.