Nunavut courthouse opens today for limited in-person court appearances

The Nunavut Court of Justice in Iqaluit opens today for limited in-person court appearances.

The courthouse had suspended all regular activities on March 17 in light of COVID-19 restrictions.

Last week, Dr. Michael Patterson, Nunavut’s chief public health officer, announced that the territory would begin easing restrictions today.

A designated assignment court week, where lawyers and judges schedule upcoming court appearances, will begin today, June 1, a memo issued on May 27 by the Nunavut Court of Justice said.

Counsel, or lawyers involved in cases, in Iqaluit are encouraged to attend the courthouse in person, but teleconferencing will remain an option, the memo said.

Socially distanced waiting areas will be provided to counsel outside the courtrooms while they wait for their matters to be called.

Notices will also be placed at the entrance to the courthouse advising that anyone experiencing COVID-19-like symptoms must notify the deputy sheriff upon entering. Deputy sheriffs will then determine how to proceed, the memo said.

Deputy sheriffs will wear face masks while conducting entrance searches. They will also receive training on COVID-19 screening and safety protocols, the memo said. Masks are not required to be worn in the courtroom at this time.

Then, starting June 8, the court in Iqaluit will start hearing non-complex, criminal trials for defendants who are not in pre-trial custody. Non-complex trials are trials where the evidence presented is expected to last half a day of court time or less.

A maximum of two non-complex trials will be scheduled per day, either at 9:30 a.m. or 1:30 p.m., for a total of six per week.

Those trials will be held on Monday, Wednesday and Friday each week.

To respect physical distancing measures, no more than 10 people will be allowed in the courtroom during a trial. That number includes the judge, counsel, all court staff and witnesses.

Thursdays and Fridays will be reserved for non-trial matters, including bail reviews, guilty pleas, sentencing and detention reviews. Those matters will continue to take place remotely using teleconferencing. However, counsel may request that matters proceed in person, the memo said.

All parties are still encouraged to use videoconferencing where possible, the release said.

But, if counsel advise that an in-custody trial can proceed through videoconferencing, a judge may agree to schedule such a trial, the memo said.

Pending the availability of the court, out-of-custody complex trials, where evidence presented is expected to last more than half a day, may also be scheduled.

Requests to hear out-of-custody matters outside Iqaluit by videoconference can also be scheduled. But, in order for such a request to be approved, the participants must have been in Nunavut for over two weeks or have completed the Government of Nunavut’s two-week isolation requirement.

All participants must also be symptom free, the release said.

Circuit courts and jury trials are still suspended.

But the procedures starting on June 1 will apply to “communities outside of Iqaluit that counsel or litigants may wish to schedule and that the NCJ is able to facilitate/accommodate,” the memo said.

“The procedures are aimed at ensuring continued access to speedy justice in Nunavut while protecting the health and safety of all court participants,” the memo said.