Page contents
1. Public access to in-person hearings
a. Process to ask if you can listen to an in-person hearing remotely
2. Public access to remote (virtual) hearings
a. Remote bail and sentencing hearings
b. Other remote hearings
3. Public access to hybrid hearings
4. Rules for remote listening or participation
a. Members of the public
b. Participants
Purpose
The purpose of this section is to set out the circumstances and procedures for members of the public and media to listen to, or request to listen to, court proceedings.
The vast majority of hearings are open to the public. To find out what matters are being heard there are daily court lists for adult criminal and small claims hearings posted on Court Services Online, as well as being posted in the applicable courthouse. These court lists include the names of the cases, the courtroom, the date of the hearing and the time the hearing starts.
In some circumstances judges may, or must, order that proceedings be heard in a closed courtroom without the public. For example, given the private and confidential nature of case conferences, only the judge, parties and their lawyers attend, unless otherwise permitted by the judge. Case conferences include, for example, small claims settlement conferences, small claims trial conferences and family case conferences.
Court proceedings may be held:
- In-person: participants such as judges, lawyers, parties, and witnesses are physically present in a courthouse – most trials are in-person
- Remotely: participants attend the hearing virtually by audioconference (usually by telephone or MS Teams) or videoconference (usually by MS Teams) – case conferences and proceedings before a trial are usually held remotely
- Hybrid: some participants attend the hearing remotely and some attend in-person
Hearing participants will be provided with a document telling them the date, time and location of their hearing. If they are attending remotely and have provided their email to the registry, they will receive the meeting link or dial up information to join the hearing remotely. If they have not provided an email address to the registry, they must contact the registry to obtain this information.
- Family: Notice of Address Change (Form 46)
- Child Protection (CFCSA): Notice of address for service (Form 8, PFA 900)
- Child Protection (Laws of the Cowichan People for Families and Children): Notice of address for service (Form 8, PFA 939)
- Small Claims: Address for Service (Form 38)
- Violation Ticket: Violation ticket change of address (PTR805)
All courthouses have an accessibility coordinator that participants and the public can ask about special assistance.
If a hearing participant needs an interpreter there is information about these services on our website.
If permitted to attend remotely, participants and members of the public must not forward or share the meeting link or dial up information with anyone not authorized to have that information. There may be consequences for doing so, including cancelling the right to participate or listen remotely.
1. Public access to in-person hearings
If all participants are attending at a courthouse in person, members of the public can attend in-person at the courthouse in most cases.
If you are watching a court proceeding in person, be aware that the judge and those participating in court proceedings need to hear everything that is said. People entering or exiting a courtroom or watching court must not do anything that could interrupt proceedings. For example, close the courtroom door quietly, stay silent while in the courtroom, turn off your phone (or turn your phone to silent mode) and avoid speaking loudly in the hallways near courtrooms.
A judge may sometimes order that no one enters or leaves the courtroom to protect the process. This might occur during the testimony of a particular witness, during an address by a litigant or a lawyer to the Court, or when the Court is giving a decision about a matter. If such an order is made, the sheriff on duty will enforce it.
No members of the public watching a proceeding are permitted beyond the Bar in a courtroom unless the judge gives express permission. The Bar is usually a railing or half wall that separates the public seating area in a courtroom from the area where those involved in a hearing are participating.
Members of the public need to apply in advance of an in-person hearing to ask for permission from a judge to listen to the court proceeding remotely (by telephone or MS Teams audioconference).
a. Process to ask if you can listen to an in-person hearing remotely
Email the applicable court registry as far in advance of the hearing as possible and provide a completed “Request to Listen To Hearing Remotely” form which has the following information about the proceeding:
Case name
Case number (if known)
Hearing date
Indicate if you are a witness in the proceeding and, if yes, provide your name
Indicate the reason you are not able to attend in person
If you send your request on short notice, the court may not have time to consider your request, or the registry may not have time to send you the information.
Court registry contact information
Request to Listen to Hearing Remotely form
A judge will decide whether you can listen by telephone or MS Teams audioconference. That decision will apply unless a different judge presiding at the hearing directs otherwise.
The judge may consider whether allowing you to listen remotely (by telephone or MS Teams audioconference) makes the hearing more accessible. They may also consider whether it could:
Disrupt the court proceedings
Create resource issues such as availability and set up of a virtual hearing
Interfere with the administration of justice (for example, if someone may secretly record and share the audio of the hearing, which is against this policy).
If the judge allows your application, they may impose conditions, and include reminders, that you:
Follow the court’s Access Policy and do not record the hearing, and do not post, share or disseminate the audio from the hearing
Do not violate any publication bans
Do not share the link or access details with others
Use a screen name that correctly identifies your name (this helps court staff manage the virtual waiting room)
Only have audio access to listen to the hearing, not video access to watch the hearing
Do not interrupt or cause a disruption
Join on time
An individual who fails to comply with any conditions that they are subject to may be removed from the virtual hearing and may be subject to sanctions.
2. Public access to remote (virtual) hearings
There may be a limit on the number of people that can be connected by telephone to a remote hearing.
Generally, if members of the public are permitted to attend a remote hearing it is by listening to the proceedings by MS Teams audioconference or telephone, not watching them by videoconference.
a. Remote bail and sentencing hearings
Many judicial interim release (bail) hearings, and some criminal disposition (sentencing) hearings, are done by judges, lawyers and the accused attending remotely in a virtual courtroom.
CRIM 05 Hearing of Bail Applications sets out directions for hearing bail applications in court and at the Justice Centre.
Members of the public wishing to hear a remote bail or sentencing hearing must email the court registry where the file originates as far in advance as possible before the hearing and provide the following information about the matter they would like to hear:
case name
case number (if known)
hearing date
The court registry will provide instructions on how to join and listen to the remote hearing.
CRIM 05 Hearing of Bail Applications
Court registry contact information
If you send your request on short notice, the registry may not have time to send you the information.
b. Other remote hearings
For remote hearings other than remote bail and sentencing hearings, members of the public need the permission of a judge in advance of the hearing to listen to the court proceeding remotely. The process to make that request is set out in section 1 on this page under "Public access to in-person hearings".
3. Public access to hybrid hearings
For hybrid hearings, members of the public can attend in-person in most cases.
Members of the public need to apply in advance of the hearing to obtain the permission of a judge to listen to the court proceeding remotely (by telephone or MS Teams audioconference). The process to make that request is set out in section 1 on this page under "Public access to in-person hearings".
4. Rules for remote listening or participation
When participating in a court proceeding or listening to a court proceeding remotely, the same respectful behaviour is expected as if physically in a courtroom.
a. Members of the public
Members of the public will only be connected at the set start time. If disconnected, the court will not disrupt the proceeding to re-connect them.
They must:
not do anything that could interrupt or distract from the proceedings
be silent (mute their microphone)
b. Participants
Participants must comply with the following:
- Dress appropriately: If appearing by video lawyers are expected to wear business attire. Parties, witnesses, and other court participants should generally dress in clothing that is appropriate for an office workplace or a job interview.
- Arrive early: You should be prepared to join the court proceeding at least 15 minutes before it is scheduled to start to allow time to address any technical issues. Before the proceeding starts, you will enter a virtual waiting room and remain there until the proceeding begins.
- Standing and bowing: You do not need to bow or stand when remote court proceedings start or end. You can remain seated when speaking to the judge.
- Lawyers’ remote appearances are by videoconference: If you are a lawyer participating in court proceedings remotely using MS Teams, you must appear by videoconference or apply to the Court to appear by audioconference only.(1)
- Location: Lawyers must appear from a quiet, private space. Parties, witnesses, and other court participants must make reasonable efforts to appear from a quiet, private space.
- Videoconference backgrounds: Lawyers must have a neutral background. Parties, witnesses, and other court participants must make reasonable efforts to have a neutral background. Neutral backgrounds can be especially important when there are security concerns for a party or a witness. Profiles or background images that do not reflect the dignity and serious nature of court proceedings must not be used.
- Use your name when prompted for a screen name: When you join a proceeding you will be asked to enter your name. Type your first and last name. The name that you enter will be displayed for all participants to see.
- Use of cameras: If you are appearing by video, you should have your camera off while waiting for your matter to be called. When dealing with your matter, you must have your camera on, even when not speaking, unless the judge directs otherwise. When speaking, look into the camera. If using a smartphone, turn your phone horizontally to landscape mode so more of your image displays.
- Audio connection: If using a telephone, a land line works better than a cell phone. Do not use the speaker phone function. Instead, use a hand-held phone or headphones with a built-in microphone and mute feature. If possible, avoid the use of Voice Over Internet Protocol (VOIP). Say your name before you speak. Otherwise, it is hard to know who is talking, especially on the audio recording of the proceeding.
- Mute microphone: Mute your microphone when you are not speaking to avoid background noise. Close any applications you do not need (like social media or email) and silence your phone to avoid interruptions.
Introductions: When introducing yourself or someone like a client or witness, say a title and name (e.g., Mr./Ms./Mx./Counsel Jones), and pronouns. Notice 24 explains how to introduce yourself or others in court.
- Speak clearly and do not speak over others: Speak clearly and slowly so everyone can follow what you are saying. Pause frequently to allow the judge to ask questions and avoid speaking over the judge or other participants. This is particularly important when there is an interpreter. Mute the microphone again when finished speaking. Follow the judge’s directions about when to speak or ask questions.
- Objecting, responding or commenting: If you find it necessary to object to, respond to, or comment on something that an opposing party has said and it cannot wait:
- if on video, click on the raise hand button or raise your hand to signal to the judge that you wish to speak; and
- if on audio, respectfully interrupt the conversation when appropriate to let the judge know that you have something to say. - Time limits: There may be time limits set before or during the hearing. Follow them so everyone has a fair chance to speak. If you are on video, you might see an “End of Meeting” warning near the end. This means time is almost up, but only the judge decides when the hearing ends. Stay connected until the judge tells you to leave.
- Materials: Collect and organize the documents you will need in advance, and make sure you have them with you for the hearing. Avoid shuffling papers as that can be distracting and make it hard to hear others.
- No food, drink or smoking: Do not to eat or drink during remote court proceedings except water, and do not smoke or vape.
Technical issues: If the image or sound quality is interrupted, ask whether other participants can still see/hear you. If so, continue. If problems persist, ask the judge if you can turn off your video. If the session ends unexpectedly, try re-connecting. If the video platform is not working, the Court will contact you either to provide teleconference dial-in details or to reconnect you.
Notes
(1) You can make the application on the same day as the court appearance before the presiding judge and no materials need be filed in advance unless otherwise directed by the Court.