Participating remotely
It is important to participate in all court proceedings in a respectful way since that will assist the Court in carrying out its work.
Attending court remotely means attending a proceeding by computer, mobile device (audio conference or video conference) or telephone without having to physically be in the courthouse.
For example, the default method of attendance for the following appearances is remote:
Family Law Act<p>The main provincial law that deals with family law issues in BC.</p> family management conferences and family settlement conferences
Provincial Court (Child, Family and Community Service Act) Rules family case conferences
Criminal bail<p><span lang="EN-US">An order made by a judicial justice or a judge releasing an accused person from jail until their trial and requiring them to obey certain conditions (rules) and return to court on a specific date. The legal term for bail is “judicial interim release”.</span><span> </span></p> hearings in the Northern, Interior and Island Regions and criminal pre-trial conferences
Small claims trial conferences and settlement conferences
Court proceedings where some participants attend court remotely while others attend in person are usually called hybrid proceedings.
For example, the default method of attendance for the following appearances is hybrid:
Family Law Act pretrial conferences and trial preparation conferences
Counsel in criminal bail hearings in the Vancouver and Fraser Regions, criminal initial appearance<p>Sometimes called a first appearance. When an accused person attends court and a judicial case manager, justice of the peace, or judge tells them what offence or offences they are charged with.</p> court.
Sometimes there is a choice about whether to participate remotely or in person. At other times, in-person or remote attendance is required unless a judge orders otherwise.
Guidance for everyone participating in court remotely
The convenience of appearing in court remotely brings with it responsibilities for everyone to behave with the same dignity, formality and respect for the proceedings as if they were physically in a courtroom.
Unless a judge directs or orders otherwise:
Put your cell phone on silent mode
Do not audio-record, video-record, photograph or take a screenshot of any part of a proceeding; there are penalties for doing so, including prosecution
Do not publish, broadcast or distribute court proceedings in any way; there are penalties for doing so, including prosecution
Read and comply with Notice 21 Remote Attendance in the Provincial Court
Lawyers participating in court remotely
Lawyers must comply with Notice 21 Remote Attendance in the Provincial Court when participating in proceedings remotely. Some key expectations for lawyers described in the Notice are:
Lawyers must wear business attire
When attending remotely using MS Teams, lawyers must appear by video conference or apply to the Court to appear by audio conference
Common steps in a remote or hybrid hearing
A remote or hybrid hearing may include some or all of these additional steps. The Court may:
Ask if anyone other than the parties and their lawyers is present or listening (in a family court<p><span lang="EN-US">The division of the BC Provincial Court that grants court orders for guardianship, parenting arrangements, contact, child support, spousal support and protection under the </span><span lang="EN-US">Family Law Act</span><span lang="EN-US">. Child protection cases are also dealt with in family court.</span><span> </span></p> matter, children should not be able to hear any part of a virtual hearing)
Confirm that no one is recording the hearing
Tell you which written materials they have received and will be considering (if the judge doesn’t mention this, you may ask)
If anyone has filed an affidavit<p><span lang="EN-US">A document setting out facts that you swear under oath or affirm to be true. In some cases a lawyer, notary public or commissioner of oaths must witness your signature and sign your affidavit. </span><span> </span></p> that has not been sworn or affirmed to be true, ask them to swear or affirm<p><span lang="EN-US">When a witness promises to tell the truth in court without referring to religious belief. An affirmation has the same effect as a sworn oath. </span><span> </span></p> that it is true