Coronavirus Pandemic Cause Canadian Courts to Postpone Trials

The COVID-19 pandemic is taking a toll on Canada’s justice system as some courts are deciding to postpone trials and limit hearings. COVID-19 is a disease caused by the novel coronavirus, which has been classified as a pandemic by the World Health Organization.

According to a Global News report, Alberta’s Court of Queen’s Bench has adjourned all trials for at least 10 weeks. Only urgent matters will be granted hearings.

Ontario has put a temporary stop to all jury trials to reduce risks related to the coronavirus transmission.

While these measures are useful in the short-term, the legal community is concerned about how the justice system will function once the worst of the novel coronavirus concerns have passed.

“They have to have a plan on how we are going to deal with matters once we get back to it,” University of Calgary law professor Lisa Silver told Global News. She is concerned that courts will face a glut of cases due to the delays. Further, the timeline for returning to normal is unclear.

“The fact that courts across Canada are just now deciding what to do is a little bit worrisome,” Silver said. “I would hope now they’re talking about what happens in 10 weeks and they don’t wait until week eight to make that decision.”

Defense lawyers are concerned about the amount of time suspects will remain in custody due to trial postponement.

“This is a further delay for them and there’s nothing they can do but sit in jail and wait, which is what we’ve always tried to avoid,” defense lawyer Balfour Der said.

“This is certainly troublesome. Another worry pertains to the backlogs that already exist. This will add to that.”

Courts in the United States have also shut down and postponed court proceedings until further notice. It’s unclear how long these closures will last for, but criminal and civil actions making their way through court will likely be delayed or scheduled court dates will be rescheduled.

In 2016, the Supreme Court ruled that people who have been charged with a crime have the right to have their cases go to court within 18 months in provincial courts and 30 months in superior courts. This ruling, commonly called the Jordan decision, reportedly allows for delays in exceptional circumstances. Although no judges have yet ruled on whether the novel coronavirus pandemic will be considered an exceptional circumstance, they are likely to do so.

As of Thursday afternoon, there have been a total of 736 reported cases of COVID-19 in Canada. Ten people have died after contracting the virus.

The novel coronavirus has spread rapidly since it was first identified in China in December. Although many people compare the coronavirus symptoms to those of the flu, COVID-19 can cause severe respiratory issues that increase the chances of death after contracting the virus.

Reported symptoms of the novel coronavirus include fever, cough, runny nose, and shortness of breath. However, because these symptoms can also indicate colds, influenza or allergy symptoms, many people may have contracted the virus without knowing it. Some people who have tested positive for the novel coronavirus were reportedly asymptomatic.

Most of those who have died after contracting the virus have reportedly had underlying health conditions.

It is not yet clear how easily the virus spreads, however, to combat the spread of the novel coronavirus, many regions have taken significant measures such as closing schools and banning large gatherings in an effort to keep people at home as much as possible.

Individuals are being asked to practice social distancing or self-isolation to limit their contact with others and reduce the spread of the virus. Frequent handwashing is also recommended.

Prime Minister Justin Trudeau announced that Canada’s border with the United States would likely be closed to non-essential travel starting on Friday night. A timeline for the length of the border closure has not yet been announced.

Trudeau also announced that the federal government would provide $82 billion in direct spending and deferred taxes to help residents out during the coronavirus pandemic.

Although there is a test available to detect the presence of the virus, there is currently no vaccine for the novel coronavirus. For this reason, individuals who test positive are being quarantined to prevent the disease from spreading.

If you begin to have COVID-19 symptoms, you should isolate yourself from others and contact a health care professional or the public health authority in your area. If you need medical treatment, you should call your doctor or walk-in clinic before you visit. The last thing you want to do is spread the virus to others. You can describe your symptoms and inform them if you have travelled outside of Canada or had close contact with someone diagnosed with COVID-19. They will let you know how to proceed.

Are you impacted by the coronavirus court closures? Tell us your story in the comment section below.

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