Hearing Guidelines
Over the fall of 2021 and the spring of 2022, the Ad-Hoc Remote Hearings Committee of the Court of King’s Bench (the Committee) studied the mode of conducting hearings which had been adopted during the course of the pandemic. The Committee undertook both internal and external engagement. The Committee submitted a Report to the Executive Board of the Court which provided recommendations as to the processes for hearing matters before the Court on a go-forward Pilot Project basis. These processes are set out in these Hearing Guidelines.
General Principles
The following are the general principles which have informed the processes for hearing matters:
- The default mode for matters that are more adjudicative/substantive in nature is an in-person hearing;
- The default mode for matters that are more administrative/procedural in nature is a remote hearing;
- The mode of hearing will be determined at the time a matter is scheduled for hearing and will be subject to the availability of Court resources on the scheduled hearing date;
- The Court does not presently have sufficient resources to accommodate hybrid processes in all matters. As such, any change to the mode of hearing after a matter is scheduled must be approved by the Manager, Court Coordination via the electronic form: Hearing Mode Request Form. Changes to the mode of hearing after a matter is scheduled will be determined considering the circumstances and the following criteria:
- inability of a participant to attend in person due to health issues or other personal circumstances;
- distance to the location of the hearing which makes in-person attendance impractical;
- a change in the nature of the proceeding such as to necessitate a departure from the scheduled mode of hearing;
- a change in representation of a party from self-represented to represented, or vice versa; and
- such other reason as approved by the Court.
Pilot Project
The hearing of matters in accordance with these Hearing Guidelines is on a Pilot Project basis. The mode of hearing matters as set out in these Hearing Guidelines will commence on September 6, 2022 and will be subject to review in early 2023.
All new matters scheduled after July 4, 2022 to be heard on or after September 6th, 2022 will be scheduled in accordance with these Hearing Guidelines.
Internal Court engagement and external engagement with the Bar, pro bono organizations and the media will be undertaken during the course of the Pilot Project and amendments will be made as necessary.
Default Modes by Hearing Type
Hearing Type
|
Default Mode
|
Adult Guardianship and Trustee Applications List
|
Hybrid
(In person – opposed applications;
Remote – unopposed/consent applications)
|
Applications Judges Appeals
|
Hybrid
(Remote – where all parties represented by Counsel, unless consent to proceed in person;
In person – where a party is self-represented)
|
Applications Judges Chambers
|
In person – Calgary/Edmonton
Hybrid – Other regional Court locations
(To be determined by the Court at the time of scheduling)
|
Applications Judges Specials
|
In person – Calgary/Edmonton
Hybrid – Other regional Court locations
(To be determined by the Court at the time of scheduling)
|
Bail Estreatments
|
Remote
|
Bankruptcy
|
Remote
|
Bar Admissions
|
In person
|
Case Management
|
Hybrid
(To be determined by the CM Justice at the time of scheduling)
|
Child Support List
|
Remote
|
Civil Chambers
|
In person
|
Civil Justice Specials
|
In person
|
Civil Pre-Trial Conferences
|
Remote
|
Civil Rule 4.10 Case Conferences
|
Remote
|
Commercial List
|
Remote
|
Criminal Appearance Court (QBAC/CAC)
|
Remote
|
Criminal Bail
(Regular Bail, Detention Reviews & Longer Bail Applications)
|
Remote
|
Criminal Pre-Trial Conferences
|
Remote
|
Early Intervention Case Conferences
|
In person
|
Emergency Protection Order (EPO) Reviews
|
Remote
|
EPO Reviews with Viva Voce Evidence
|
In person
|
EPO Reviews with Viva Voce Triage
|
Remote
|
Estate Case Conferences
|
Remote
|
Family Court Appeals
|
In person
|
Family Court Appeals Speak To List |
Remote |
Family Docket Court
|
Remote
|
Family Law Chambers
|
In person
|
Family Law Specials
|
In person
|
Family Pre-trial Conferences
|
In person
|
Family Rule 4.10 Case Conferences
|
In person
|
Interjurisdictional Support Orders
|
Remote
|
Judicial Dispute Resolution
|
In Person
(Remote upon approval by the JDR Justice)
|
Judicial Reviews
|
Hybrid
(Remote – where all parties represented by Counsel, unless consent to proceed in person;
In person – where a party is self-represented)
|
Justice Seized
|
Hybrid
(To be determined by the seized Justice at the time of scheduling)
|
Provincial Court Appeals
|
Hybrid
(Remote – where all parties represented by Counsel, unless consent to proceed in person;
In person – where a party is self-represented)
|
Summary Conviction Appeals
|
Hybrid
(Remote – where all parties represented by Counsel, unless consent to proceed in person;
In person – where a party is self-represented)
|
Summary Disposition/Sentencing
|
In person
|
Summary Trial
|
In person
|
Trials – Judge Alone
|
In person
|
Trials– Judge & Jury
|
In person
|
Urgent Matters Chambers
|
Hybrid
(Justice will be in person and counsel/parties may attend remotely or in person)
|