OCTOBER - DECEMBER 2020

December 21, 2020
UPDATE: DEADLINE FOR FILING NEW APPEALS

On 21 December 2020, the government issued Order in Council 655/2020, which repeals the suspension of timelines for filing a new appeal on March 25, 2021.  

The Court has updated its Notice to the Public Regarding the Court of Appeal for British Columbia’s Response to COVID-19 to reflect this change.

It has also made changes to its Notice to the Public Regarding Access to Court Proceedings during the COVID-19 Pandemic to reflect that all appeals are currently taking place by videoconference only until further notice (as previously announced).

December 11, 2020
R. V. MOAZAMI - APPEAL HEARING ACCESS

EVIDENTIARY HEARINGS - DECEMBER 14 TO 16, 2020; FINAL ARGUMENTS - JANUARY 25 TO 29, 2021

From December 14 to 16, 2020, the Court of Appeal will hear evidence relating to Mr. Moazami’s appeals from conviction (CA43308 and CA43857).

The evidentiary hearings are scheduled to take place in courtroom 60 at the Vancouver Law Courts, beginning each day at 10:00 am. Due to Covid-19 restrictions, space in courtroom 60 will be limited to hearing participants (e.g. counsel, court clerk, judges, and sheriffs).

To provide access to the evidentiary hearings the court has arranged for closed circuit television links to an overflow space in the Robson Square Provincial Court building at 800 Hornby Street (boardroom 205). If you arrive before 8:30 am you should line up outside of the Smithe street entrance to the Robson Square Provincial Court building. The building will open at 8:30 am. If the building is open you can proceed directly to boardroom 205 and line up while maintaining distance. The hearing will commence at 10:00 am. As you enter the courthouse Sheriffs will conduct a verbal COVID-19 screening process asking questions related to health and travel. People attending courthouses in British Columbia are required to wear a face mask or face covering, including in entrances, lobbies, waiting areas, registries, hallways, stairways, restrooms and elevators. In addition, people are required to wear a face mask or face covering in courtrooms, including overflow spaces, unless the presiding judge, justice, master or registrar directs otherwise.  Please review the general expectations for those attending a courthouse during the pandemic.

Final arguments are scheduled to take place from January 25 to 29, 2021. Details regarding access will be provided closer to the date. 

The Court's Policy on Use of Electronic Devices in Courtrooms applies to overflow spaces and generally prohibits taking photographs (including screen shots), video images, or audio recordings of any court proceeding. Refer to the policy for details on permitted audio recording for accredited media. Penalties may include prosecution for contempt of court.

Any questions may be directed to the Superior Courts Judiciary Communications Officer at SCJCommunicationsOfficer@BCCourts.ca. 

November 25, 2020
UPDATE: FACE MASKS OR FACE COVERINGS IN BRITISH COLUMBIA COURTHOUSES

Effective immediately, people attending courthouses in British Columbia are required to wear a face mask or face covering, including in entrances, lobbies, waiting areas, registries, hallways, stairways, restrooms and elevators. In addition, people are required to wear a face mask or face covering in courtrooms unless the presiding judge, justice, master or registrar directs otherwise.

Face masks or face coverings must be worn in a manner that cover a person’s nose and mouth. If you do not have a face mask or face covering, Sheriffs will provide one when you enter the courthouse. While wearing a face mask or face covering can reduce the spread of infection, it does not substitute for physical distancing, which must be maintained whenever possible. The requirement to wear a face mask or face covering does not apply:

• to a child who is less than twelve years of age,
• to a person who is unable to wear a face mask or face covering because of (i) a psychological, behavioural or health condition, or (ii) a physical, cognitive or mental impairment,
• to a person who is unable to put on or remove a face mask or face covering without the assistance of another person,
• if the face mask or face covering is removed temporarily for the purpose of identifying the person wearing it.

In addition, all people attending courthouses in British Columbia are asked to be familiar with all health and safety protocols and to cooperate in following them in order to protect everyone in courthouses in this province.

Click on the links below for more information regarding procedures when attending proceedings in each court:

Court of Appeal for British Columbia

Supreme Court of British Columbia

Provincial Court of British Columbia

November 25, 2020
UPDATED NOTICES TO THE PUBLIC WITH NEW INFORMATION REGARDING FACE MASKS

This updated Notice to the Public Regarding the Court of Appeal's Response to COVID-19 replaces the Notice to the Public issued by the Chief Justice of British Columbia on 6 November 2020 and contains new information regarding mandatory face coverings in section 3.3.2 (in courtroom hearings).

This updated Notice to the Public Regarding Access to Court Proceedings during the Pandemic replaces the Notice to the Public issued by the Chief Justice of British Columbia on 6 November 2020 and contains new information regarding mandatory face coverings in the section regarding access to hearings in the courtroom.

November 19, 2020
JUDICIAL LAW CLERK PROGRAM RECRUITMENT FOR THE 2022 - 2023 TERM

Applications will be accepted to the Judicial Law Clerk Program for the 2022-2023 term starting January 4, 2021. The deadline for applications is Friday, January 18, 2021 at 3:00 pm, with video conference interviews to be scheduled in early February and March, 2021.

Learn more about the Judicial Law Clerk Program including the required qualifications and application process here.

November 9, 2020
APPEAL HEARINGS TO PROCEED BY VIDEOCONFERENCE

Effective immediately and until further notice, all appeal hearings will be heard via Zoom unless otherwise directed. The Chief Justice of British Columbia makes this direction in response to the recent BC public health order aimed at minimizing travel and social contact and encouraging people to work from home where possible. Parties must continue to follow all other directions set out in the various Public Notices of the Court of Appeal. Please complete the Court Proceedings Form at least seven days before the hearing date with an indication of videoconference as the preferred mode of hearing until further notice. Parties who have already scheduled an in person hearing will be contacted by the registry.

October 8, 2020
WEBCAST OF CONVICTION APPEALS IN R. v. HAEVISCHER AND R. v. JOHNSTON

The BC Court of Appeal will webcast those portions of the appeal hearings in R. v. Haevischer and R. v. Johnston that are open to the public. The webcast can be viewed beginning at 10:20 a.m. PST on October 14 - 23 at this link. At the end of each day of the appeal, the archived recording will be available at this link. If you wish to use the webcast for any purpose other than personal viewing, you must review and adhere to the terms of use of the webcast.

The hearings will take place in courtroom 50, however, due to the number of legal counsel in attendance and limits on room capacity related to COVID-19, only hearing participants (judges, court clerk, and counsel) can be accommodated in the physical courtroom.

The hearings will be intermittently closed to the public and the webcast will be suspended when counsel make submissions related to privileged and confidential information which cannot be disclosed publically. The webcast will also be subject to a 20 minute delay during open portions of the hearings. Subject to the hearing moving faster or slower than anticipated, the proceedings will be closed on October 22nd and open on October 23rd.

Written argument (factums) and the joint statement of facts are available here.

Questions from media may be directed to the Superior Courts Judiciary Communications Officer at SCJCommunicationsOfficer@BCCourts.ca. 

October 8, 2020
R. v. TALLIO - ACCESS TO EVIDENTIARY HEARING - OCTOBER 13 TO 30, 2020

On October 13, 2020, the Court of Appeal will resume hearing an appeal brought by Mr. Phillip James Tallio from his 1983 murder conviction. The evidentiary phase of the appeal is scheduled for three weeks commencing on October 13th; final arguments will take place during the week of November 23rd.

• The evidentiary hearings are scheduled to take place in courtroom 60 at the Vancouver Law Courts, beginning each day at 10:00 am. Due to Covid-19 physical distancing requirements and the higher than usual number of lawyers and witnesses participating, space in courtroom 60 will only permit hearing participants (counsel and witnesses) and a small number of people with a direct and substantial interest in the appeal (e.g. the appellant, immediate family of the victim, designated witness support persons).
  
  
• To provide access to the proceedings the court has arranged for closed circuit television links to two overflow spaces in the Robson Square Provincial Court building at 800 Hornby Street (boardroom 205 and courtroom 301). A minimum of four seats will be set aside for members of the general public and four seats will be set aside for media on a first come first served basis. If additional seats in the overflow rooms that are reserved for people closely connected to the events are not fully occupied when the hearing begins each day at 10 am or when court resumes after the lunch break at 2 pm, those spaces will also be made available to media and the general public.
  
  
• To observe the proceeding from one of the overflow spaces you should line up outside of the Smithe street entrance to the Robson Square Provincial Court building (westside entrance) and check in with the Sheriffs stationed there. The building will open at 8:30 am. The hearing will commence at 10:00 am. Sheriffs will conduct a verbal COVID-19 screening process and will direct you to form a line near room 205 while maintaining physical distance. If you arrive after 8:30 proceed directly to the line near room 205. Please review the general expectations for those attending a courthouse during the pandemic.
  
  
• The Court's Policy on Use of Electronic Devices in Courtrooms applies to the overflow spaces and generally prohibits taking photographs (including screen shots), video images, or audio recordings of any court proceeding including video conferences. Refer to the policy for details on permitted audio recording for accredited media. Penalties may include prosecution for contempt of court.
  
  
• Written arguments (factums) are posted here.

Any questions may be directed to the Superior Courts Judiciary Communications Officer at SCJCommunicationsOfficer@BCCourts.ca.