COVID-19 causing backlog in Medicine Hat courts

Changes were also made to family court.

“Initially family matters were only being heard if they were emergencies, so in situations where you have a kidnapping that is underway or you’ve got children that are in physical danger,” Regier said.

The changes shut out and delayed most cases involving custody or child support, but Regier said some family matters that are considered less-urgent but important are starting to be heard in courtrooms in Medicine Hat.

“We are starting to hear some, but like I said those are the ones that were filed previously, so the matters like child support issues that are coming up now because of COVID and not being employed, those matters are really not going ahead just yet,” Regier said.

Civil matters are also at a relative standstill.

“Those matters are not really going ahead much at all at this stage of the game, so that’s in our provincial court. In the Court of Queen’s Bench those matters are going ahead, really only are those ones that are urgent.”

In the meantime, Regier said the courts are trying to encourage other dispute resolution solutions like mediation and arbitration.

The temporary closure of circuit courts such as the one the Brooks, is also expected to add to the backlog.

“Brooks is a centre that is serviced by judges and crown and court clerks from Medicine Hat and the problem that we have is out there, is there is no way for the space that is used as a courtroom to be able to be safe to be in.” Regier said.

Regier said there is no timeline for when court cases in Brooks can resume. In the meantime, Regier said in custody criminal matters in Brooks are being dealt with mainly remotely, although it is possible for some cases to be held in Medicine Hat if all parties agree.

Even with a projected backlog in cases as a result of COVID-19 Regier doesn’t expect Medicine Hat to experience the same kind of backlog as larger centres in the province.

“In Medicine Hat we have always been a lot faster to be able to get out matters heard than they are in Calgary or Edmonton so even with the backlog, I don’t know if we will reach where Calgary and Edmonton were even before the backlog,” Regier said.

As for if this will impact the ability for cases to be properly heard, Regier said

“I think that our provincial court has been very cautious about making sure that those matters are proceeding. With the Supreme Court decision in Jordan, we know that there is a push to make sure those things are covered.”

The Jordan decision is a Supreme Court ruling that sets a limit of 18 months between the time charges are laid and the end of a trial in provincial court. For cases in Superior courts, the timeline is 30 months.

But Regier said there is still some concern that other cases will be pushed aside, once court fully resumes.

“One of the things that we are concerned about is the civil matters and the family matters once the courts open back up again are going to take a back seat to those criminal matters that are needing to be heard because of Jordan, so there is concern that they are going to be pushing those things off,” she said.

There is no timeline as of yet as to when courts will fully resume.

by Tiffany Goodwein

COVID-19 causing backlog in Medicine Hat courts

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