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Loosened restrictions for Queen's Bench, small claims courts

Jury criminal trials still not a go for QB
Queen's bench court pic

A few restrictions are being loosened and some more matters are getting the go-ahead to proceed at both the Court of Queen’s Bench as well as the Provincial Courts in Saskatchewan.   

For Queen’s Bench, a new directive has been issued as of April 23 which updates and replaces, where applicable, the March 19, 2020 directive.

Among the highlights from the directive by Chief Justice M.D. Popescul  are a loosening of some restrictions. It was noted that following consultation with public health authorities and other stakeholders, “it is apparent that the time has come to loosen some of the restrictions imposed in March. While social distancing and other health protocols remain in effect, many users of the legal system have been able to adapt and now have the capability to again engage in court proceedings. The Court is mindful of its obligation to hear and process as many matters as it can, while simultaneously respecting the need to adhere to recommendations and protocols designed to keep everyone safe.”

However, there is a notable expection to the loosening restrictions. It was noted that it is still not possible to proceed with criminal jury trials in June 2020 due to the ongoing requirement of social distancing. Jury trials scheduled for June will be postponed to Fall 2020. Previously, jury trials scheduled for between March 16 and May 31 were to be postponed. 

One of the restrictions being lifted is the one on Court hearing Appearance Day Applications and Case Conferences. That has been lifted as of May 1, and Appearance Day Applications and Case Conferences may proceed by telephone.

For civil and family pre-trial conferences, those will resume June 1. The nature and relative urgency of the action will be assessed by the Court when determining which parties will be offered pre-trial conference dates. Also, to address the backlog of cases, the Court will substantially increase its summer sittings to accommodate as many as 200 pre-trial conferences during July and August.

Until further notice pre-trial conferences will be conducted either by telephone or, where appropriate and possible, in person. The manner in which the pre-trial conference will be conducted will be at the discretion of the Justice assigned to preside at the pre-trial conference, following consultation with the parties.

Restrictions on non-urgent family and civil chambers applications are also lifted effective June 1. The Court will implement a “chambers blitz” during the weeks of June 8 to 12; June 15 to 19; and June 22 to 26, and a concerted effort will be made to hear the chambers applications that had been postponed as well as new applications. Unless otherwise ordered all chambers applications  will be by telephone.

At the provincial court level, there is an update impacting the Small Claims Court.

Effective immediately, Small Claims Court will start to hear certain matters by telephone and other electronic means. These include first appearances, Case Management conferences, applications to set aside Default Judgments and other interim applications, but will not include matters which have been set down for trial.

The directive also specifies that if your matter requires you to file an affidavit and it is not possible for you to have it sworn, you may file it with the Court in an unsworn manner - but when your matter is heard, you will be required to swear to, or affirm, its contents.

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