COVID-19 complicating province’s court system

By Sean Feagan, Local Journalism Initiative Reporter

While navigating the court system can be daunting at any time, COVID-19 has made things more complicated.

The COVID-19 outbreak shut down Alberta’s court system at the start of the pandemic in the spring. While courts are now operating again, they are still being affected by backlogs and have new processes in place. 

Currently, the Strathmore Courthouse, a circuit court, is open for criminal trials, family matters, civil trials and some traffic matters (mandatory appearances and tickets scheduled for trial).

But other legal proceedings, such as appeals or sentencing, are being addressed via the regional base court, the Drumheller Courthouse. This is because it is larger, allowing for better distancing among staff, counsel and members of the public, explained John Getz, with local law firm Getz, Collins & Associates. “The lobby is way bigger, so you’re not getting the horrible crowding that you would get on a normal docket here in Strathmore,” he said. “It just couldn’t be safe here.”

But just because a matter is being addressed through the Drumheller Courthouse, does not mean travelling there is required. That is because some matters are being addressed remotely, through WebEx, a video conferencing platform. 

“My clients are not going to drive all the way to Drumheller, nor am I, for a relatively simpler matter,” said Getz. 

Getz operates the system from his office, and clients call in. “They’re on by telephone from wherever they are — sometimes at work, sometimes at home – and the odd time the guy says, ‘hold on, I need to pull over.’”

Sometimes this can speed up the process, noted Getz. “For example, last Tuesday, I had three matters to speak to and I was done in the time it would have taken me to walk to the courthouse.”

But generally, remote appearances take longer and sometimes that system is unreliable. “I’ve had the whole system go down and then had to boot it up again, and that costs us half an hour sitting around and twiddling our thumbs.”

For some matters, Getz still recommends his clients appear in-person. 

“On any kind of complicated sentencing, it’s probably better for the client to appear and be there in front of the judge in the court,” he said. “Particularly if the Crown is asking for jail, and I’m asking for no jail.

“Sometimes it’s better to have them in person,” he added. “But for the most part, I suggest that the discussion be held with the Crown beforehand, not on a court date when the Crown is juggling 50 to 75 files.”

But given an existing court backlog and the continuing complications of COVID-19, getting prompt trial dates can prove difficult.

“Instead of setting six or seven matters for a trial date, the courts are setting far less, because they don’t want that many people in the courtrooms,” said Getz.

Getz also works as duty counsel, providing legal advice for people at first appearance if they are without counsel. For Strathmore matters, the Crown attends remotely, which makes things more complicated. “There’s all kinds of different people calling the courthouse for advice, so I have to get a hold of them, deal with prisoners, talk to the Crown and then come back into the courtroom,” he said.

Docket matters are those that have not yet been set off any kind of specific hearing, including first appearances, bail hearings, plea entries or setting trial dates. The courts are still addressing a backlog from the shutdowns earlier this year.

“We haven’t caught up to that yet,” said Getz. “We’ve been having 27-, 30-page dockets, which is almost double what we’d normally have.”

Getz recommended anyone with a court appearance other than a trial to contact the courthouse ahead of time to learn who the duty counsel is that day and how to proceed. 

“I’d encourage them to do that ahead of time — not the day of their appearance,” he said. “That often saves the court time as well, which is to everyone’s advantage.”

But they must attend, even if remotely, or a warrant will be issued for their arrest. Anyone wanting information or to file paperwork should contact the Drumheller Courthouse at 403-820-7300 for instructions.

Traffic matters are a bit different. There is no longer a first-appearance Crown present on traffic days. As such, anyone with a violation (part three) ticket set for court in Strathmore wanting to seek a resolution can email the Crown (regionaltraffic@gov.ab.ca).

“Now, if you get a violation ticket, you can’t go to court,” explained Cathy Peters, a ticket agent with Save My License. “You have to send an email to the courthouse in Drumheller.”

From there, the court will respond. Then a resolution may be requested, and one may be issued by the Crown. For example, for a speeding ticket, the court may offer a reduced fine with a requirement to complete documentation and pay the fine by a certain date.

There is little negotiation. 

“Once they give their resolution, it’s either take it and pay the ticket, or if you want to plead not guilty, they will give you a trial date,” said Peters.

The other type of traffic ticket is a summons ticket, meaning court appearance is mandatory. 

“This is done before the commissioner and prosecutor. If it’s a trial, you run the trial, and if it’s just a part two (summons), you resolve it,” she said.