In-person hearings resume Monday

HALIFAX — In-person court hearings are set to resume Monday across Nova Scotia provided such proceedings can be held in accordance with public health directives.

“That means preliminary inquiries and trials scheduled on June 14 or later will be able to go ahead, unless otherwise ordered by the presiding judge,” explained Jennifer Stairs, communications director for the Nova Scotia Judiciary.

In a bid to hear more matters and help address the backlog of court proceedings, the provincial court will try and continue to deal with as many matters as possible, including bail hearings, by telephone or video even after the suspension of in-person proceedings is lifted.

Stairs said for summary offence matters in night court in Sydney and Halifax, presiding justices of the peace are hearing matters by telephone and video, including trials if all participants consent to proceed virtually. Night court matters that require in-person attendance will resume on Monday.

Like other provinces, the normal operating procedures for government and businesses have been thrown for a loop as regions deal with halting the spread of COVID-19.

SELF-REPRESENTED INDIVIDUALS

For those who are not in custody, they can have a court appearance by telephone or video and, unless contacted directly by the court, the matter will proceed.

“For those unsure of the status of their matter, please contact the courthouse where your matter is scheduled to be heard,” said Stairs.

ACCESS TO COURTHOUSES

Stairs said that public access at courthouses across Nova Scotia continues to be limited to those who work in the building or local lawyers required to attend in-person for a contested bail hearing.

To maintain the open courts principle, members of the media are permitted to participate in court proceedings remotely by telephone or video.

OUT-OF-PROVINCE COURT PARTICIPANTS

Stairs said when the suspension is lifted Monday, lawyers and those self-represented in provincial court will again be required to get permission from the presiding judge before arranging to have anyone, including clients, attend court in-person from outside the province.

Even if a provincial court matter has already been subject to a pre-trial conference or a focus hearing, counsel should contact the presiding judge if they are seeking to bring a participant from outside Nova Scotia.

“This direction also applies to individuals charged in Nova Scotia but in custody in another province. Counsel should not bring a transport order to a Supreme Court justice for issuance until they have first obtained leave from the presiding provincial court judge,” said Stairs.

BAIL HEARINGS

Stairs said bail hearings will continue to be held primarily by video or by teleconference. Judges in some locations may require in-person attendance of local counsel involved in contested bail hearings. Counsel in these matters should check with the presiding judge for direction.

INDIVIDUALS IN POLICE CUSTODY

Until further notice, the justice of the peace centre in Dartmouth is dealing with all new matters involving individuals in police custody by telephone, unless otherwise directed by the presiding judge.

Individuals will either be released on conditions or remanded to a correctional facility with the next appearance by video in provincial court.

RESOLUTION OF NON-URGENT MATTERS

The resolution of non-urgent matters remains a priority for the provincial court and youth court. Stairs said counsel are encouraged to continue reviewing their matters to see what can be resolved without an in-person hearing.

Subject to the availability of a judge and court staff, the provincial court has introduced a process to help clear matters off the docket where the prosecutor and defence counsel have come to an agreement on the resolution of a non-urgent matter.

PRE-TRIAL AND RESOLUTION CONFERENCES

Until further notice, the provincial court will hold all pre-trial and resolution conferences via telephone.

To help reduce the number of people visiting courthouses, staff at Nova Scotia Legal Aid will assist any unrepresented people who need urgent changes to their undertaking, recognizance or release order.

Anyone who does not have a lawyer and is looking to vary their release conditions should contact the Legal Aid office nearest to the courthouse from which they were released.

PEACE BOND APPLICATIONS

Stairs said the provincial court has adopted a virtual process to triage and hear applications for peace bonds during the pandemic, where full disclosure, due process and trial fairness can be assured.

Under this virtual process, presiding justices of the peace will triage peace bond applications by telephone to determine whether an agreement can be reached, and if not, whether hearings can be conducted virtually by telephone.

SUMMARY OFFENCE TICKETS

For those individuals with a new or outstanding summary offence ticket(s), the provincial court has extended payment deadlines a further 90 days from the original due date on the ticket.

This directive was first issued in March 2020 and has been extended several times since to help reduce the number of people who need to visit a courthouse.

Individuals who want to pay a summary offence ticket or other court fine now can do so online. A debit or credit card and the ticket number are needed to complete an online payment.