Courts must go on and Legal Aid Alberta is here to help

ATHABASCA, BARRHEAD, BOYLE, WESTLOCK – Circuit courts across the province have been closed since the start of the COVID-19 pandemic, but cases can still be dealt with remotely, said Legal Aid Alberta (LAA) staff lawyer Colin Laychuk. 

LAA started a program to help Albertans with access to Advance Appearance Duty Counsel until Aug. 28, allowing them to prepare for court by phone or email instead of going to the courthouse in person in an effort to keep everyone safe while physical distancing is still taking place. 

“The advance line is (for) trying to flatten the curve and deal with the backlog; spread it out a little. Provided you do it between 14 days and one day prior to your scheduled appearance, you can use this service and this service is run by region,” said Laychuk. 

Laychuk said a legal assistant will take the data, confirm the docket number and charges and then refer it to a Legal Aid lawyer and if the lawyer is busy there is an option for callback. The lines are open from 8 a.m. until noon every business day and then in the afternoon, the lawyers are doing callbacks and the necessary paperwork for the court and for the Crown. 

“We're giving some legal advice if they want it. We can refer them to the legal aid line if they want to make an application for legal aid coverage. We can refer them to how to get just a private lawyer. We can initiate the disclosure application; we can initiate a request for an early resolution offer from the Crown if that's the direction they want to take. So, it's just to get the ball rolling and alleviate concerns with the person that has been facing these charges.” 

A July 29 press release stated while it has meant a lot of work for the LAA duty counsel team, this new initiative has an important role to play in providing access to justice during the pandemic. Reducing the number of trips that need to be made to court, and helping people prepare in advance of the court date itself, benefits everyone involved. 

“Not only is it preferable for clients to stay home because of COVID-19, it improves access to the system for people who would otherwise have trouble getting to the courthouse. Having the option of dealing with legal matters up to 14 days in advance also offers peace of mind to anyone with a court date looming,” Laychuk said. 

As of July 29, there have been 466 appearance made, Laychuk said; 230 in the south and 236 in the north. And, if people need a court appearance, they will be sent to a “COVID-ized” courtroom where they can access duty counsel on-site. 

For more information on Advance Appearance Duty Counsel, call 1-855-670-6149 or visit https://albertacourts.ca/pc/resources/covid/covid-19-criminal-and-youth-criminal-matters/CMO.