A new notice from all court levels has been issued stating that “mask use will no longer be required in court facilities effective Monday, May 16, 2022. Masks may continue to be worn, unless requested otherwise by a presiding judge in the context of a hearing.
Unlimited access to the courts by members of the public will resume on Monday, June 27th, at which time there will no longer be any COVID-19 related restrictions in place.”
Notice – All Hearings of the Court of Appeal will be conducted remotely starting January 4, 2022 until further notice (December 20, 2021). This notice replaces the previously issued notice dated August 10, 2021.
As a result of the modelling for the COVID-19 Omicron variant, starting on Tuesday, January 4, 2022:
All appeals will be heard remotely by videoconference; and
All motions or applications will be heard remotely by teleconference.”
For in-custody criminal appeal, motion or application hearings, special procedures are required in order to ensure that the accused can participate in the hearing.
See the full notice for information on how to access a videoconference appeal hearing, and how to access a teleconference motion or application hearing.
The Court of Appeal has released a new notice to the profession that articling students-at-law are no longer permitted to appear as counsel to argue a substantive appeal. An articling student may appear in a chambers matter where the presiding chambers judge grants permission. See below for the full notice.
The new sections provide that no appeal may be made to the Court of Appeal with respect to an interlocutory order of a judge of the Court of Queen’s Bench unless leave to appeal is granted by a judge or the Court. Leave to appeal is not required:
(a) in a proceeding involving: (i) the liberty of a person; or (ii) the custody of a minor. (b) if the order grants or declines to grant a stay or an interlocutory injunction.”