December 14, 2020 – Family Division Case Flow Model Practice Issues
This direction is meant to help clarify any confusion around Family Division proceedings.
Attached is a table which designates:
1. Those proceedings that are included in the New Case Flow Model;
2. Those proceedings which are excluded;
3. The proper procedure to be followed for each proceeding; and
4. The applicable Queen’s Bench Rule(s) and form for each proceeding.
… “[T]he Court’s scheduling protocols as announced in the December 3rd Notice will now also extend and apply to the period of January 11 to 29, 2021.”
… “[C]ommencing Monday, February 1, 2021, where there are counsel representing all parties, all civil trials already scheduled are to be viewed as presumptively proceeding by video hearing”.
Practice Direction – Family and Child Protection Video Conference Trials and the Continuation and Commencement of Other Remote Services (December 3, 2020) – “Pursuant to this Court’s November 10, 2020 Notice, given the government’s designation of Code Red, all “in-person” Family and Child Protection trials scheduled to proceed between November 16 and December 11, 2020, were adjourned to an administrative list.
Commencing Tuesday, December 15, 2020, the Triage Screening List, overseen by Ms. Angie Tkachuk, Supervisor, Family Division Coordination, will be conducted by telephone between 9:00 a.m. and 11:00 a.m. until further notice.”
Notice – Adjustments to Current Scheduling Protocols – December 14, 2020 to January 8, 2021 (December 3, 2020) – “the adjustments to the Court’s scheduling protocols as announced in the November 10th Notice will now also extend and apply to the period of December 14, 2020 to January 8, 2021.”
Practice Direction – Remote and Off Site Civil Trials (November 20, 2020) – This direction is provided due to the recent Code Red designation and addresses certain obstacles and limitations that affect scheduled civil trials in the Court of Queen’s Bench. Options for parties, where they have been advised that a trial is being adjourned are provided in the notice.
November 26, 2020 – Court Attire – Replaces the February 10, 2017 notice detailing requirements for wearing formal court attire.
Notice – COVID -19 – Suspension and Restriction of Hearings – Legal Aid Administrative Court (November 24, 2020) – “Further to the Notices of November 10 and 13, 2020, suspending court with respect to all out of custody matters, this will confirm the Legal Aid Administrative Court on December 8, 2020 at 9:30 a.m. courtroom 402 is cancelled with respect to out of custody matters.” Individuals awaiting the appointment of counsel by Legal Aid are encouraged to contact Legal Aid. Counsel appointed to individuals are asked to contact their clients.
Practice Direction – Criminal Trials Accused’s Remote Appearance by Video Conference (November 17, 2020) – “This Practice Direction is meant to now more specifically stipulate the procedures, presumptions and relevant factors that will govern those situations where an accused is unable to be present in Court during the whole of his or her trial and where as a result, the trial risks being adjourned.”
The CBA has compiled a list of court notices and practice directions related to measures taken by courts across Canada for the COVID-19 situation.
Check their website here to stay up to date on all federal and provincial court notices.
Be sure to check out the other resources in their COVID-19 Resource Hub for more resources on mental health, professional development and advocacy.
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