Notice to the profession the public and the media covid 19 (296.22 KB)

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Summary

THE LAW COURTS
800 SMITHE STREET
VANCOUVER, B.C

V6Z 2E1
Notice to the Profession, the Public and the Media
COVID-19: GENERAL REQUIREMENTS FOR MICROSOFT TEAMS
VIDEO HEARINGS
COVID-19 Notice No. 47
Date: revised March 31, 2022
I. INTRODUCTION
This notice sets out the general technical and other requirements for anyone
participating in a court hearing by Teams Video

II. STANDARDS FOR HEARINGS BY TEAMS VIDEO
Anyone appearing by Teams Video must supply their own equipment and be prepared
to set up and use Teams on their own, following the instructions in this Notice and the
Teams guide. The Court cannot set up or troubleshoot the use of Teams Video on
computers belonging to parties, counsel or witnesses

Parties must meet the minimum technical standards set out below

Parties must submit their documents in advance of the hearing as set out in Part III

Minimum Technical Standards
In order to participate in a Teams Video hearing, counsel or the parties must ensure that
all participants appearing by video, including any witnesses authorized by the Court to
testify by Teams, meet the following minimum technical standards without assistance
from the Court:
Equipment: All participants must have a working laptop or desktop computer that can
run Teams with an operational camera (either an internal camera or an external
mounted camera) and a microphone or headset. For an optimal experience, use of a
smartphone, iPad, or similar handheld device is not recommended

Knowledge of Teams: Participants must have working knowledge of Teams Video or
must have undergone training on their own prior to the Teams Video hearing. The Court
is not able to provide training in the use of the Microsoft Teams platform

It is recommended that participants install Microsoft Teams on their computers well in
advance of the Teams Video hearing, although it is possible also to join using a web
browser such as Google Chrome. Participants should ensure that they are familiar with
all the functions of Teams Video. The Canadian Bar Association has produced a useful
guide to Using MS Teams in Online Court Proceedings (“Teams guide”). It contains
detailed information about how to prepare for and participate in a Teams Video hearing

Parties and counsel should carefully review the Teams guide together with this Notice in
advance of their hearing

Please note that it is not anticipated participants will use the screen sharing function in
Microsoft Teams for most hearings at the Supreme Court

Internet speed: All participants must test their internet connection to guarantee that
they have sufficient bandwidth, with a minimum internet speed of 20 MBPS down and
10 MBPS up. Participants should perform a self-test of their internet speed at
http://fast.com or http://speedtest.net before the Teams Video hearing

For an optimal experience, it is recommended that participants join the Teams Video
hearing using a dedicated wired internet connection, meaning that their Ethernet cable
should be directly connected to their computer. Wireless internet (“wifi”) does not always
provide a stable connection and can lead to issues with audio and video continuity. Wifi
may be used if upload and download speeds can be consistently achieved. If wifi is
used, the connection should be private and secure (password protected), and the
computer should be in close proximity to the router to provide the best signal

Participants should be aware that they may need higher internet speeds if they intend to
use other online programs at the same time as Teams Video (for example, if they are
opening documents from a remote site)

Audio: While it is preferable for participants to join a Teams Video hearing using the
computer audio option in Microsoft Teams, participants may join using the phone audio
option in Teams if the party can still also appear on screen by video. Participants should
only resort to dialing in by phone without video if their Teams Video connection fails
during the hearing. If a participant is unable to connect by video or loses the video
connection, the presider will direct whether the hearing may continue by telephone

Technical support: Participants must have their own technical support to troubleshoot
any problems with audio or video that arise during the hearing

Self-test: Parties should coordinate between themselves to hold a self-test prior to the
day of hearing and reconfirm that their internet speeds and platforms are sufficient on
the day of the hearing. It is also recommended that counsel or the parties conduct a test
with any witnesses they plan to call who are authorized by the Court to testify by Teams
Video

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III. DOCUMENTS
Documents must be filed using existing processes as set out in the Supreme Court
Civil, Family, and Criminal Rules, practice directions, and any applicable notices issued
by the Court in response to the COVID-19 pandemic. Unless parties had previously
established other document management processes or the Court directs otherwise,
parties must deliver hard copies of any documents for use during the hearing to the
registry at which the matter will be heard. Documents may not be shared in Teams
during the hearing

IV. INVITATION TO THE HEARING
All participants who are scheduled to attend a Teams Video hearing will receive an
email from the Supreme Court

Court clerks will only admit participants to hearings. If a client or another interested
person known to counsel wishes to observe the hearing, counsel should contact the
Superior Courts Communications Officer, The Honourable Bruce Cohen, at
[email protected] to discuss arrangements for them to attend
by telephone

Members of the media and public may attend court proceedings in person in a
courtroom, including proceedings that are heard by Teams Video, if the proceedings are
open to the public. In the event members of the media or public cannot attend in person
and wish to attend a particular proceeding by telephone, they should send a request by
email to The Honourable Bruce Cohen, Superior Courts Communications Officer, at
[email protected] for consideration by the presiding judge or
master as soon as possible in advance of the proceeding. The Court cannot guarantee
telephone access for all court proceedings

V. FORMALITIES AND DECORUM
The Court recognizes that there is a difference between attending by Teams Video and
appearing in a courtroom. Some aspects of court decorum are not practical in a virtual
situation. The Court also recognizes that those participating may be sharing their
workspaces with others, and that there may occasionally be interruptions that are
beyond their control. Nonetheless, it is expected that participants do their utmost to
conduct themselves in a manner appropriate to the gravity of a court proceeding. Most
court formalities will continue to be respected, including that:
• Parties must provide realistic time estimates and adhere strictly to them

• Counsel must still abide by the gowning requirements in Practice Direction 11,
unless the Court directs otherwise. Other participants are expected to dress in
business attire

• Participants must do their best to minimize disturbances, including with respect to
noise

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• Participants may sit throughout the hearing and are not required to stand while
addressing the Court. They are also not required to stand or bow when the
presider enters or leaves the hearing

• Participants may not eat and may not drink anything except water while the
hearing is ongoing

• Participants should avoid moving away from the screen/camera or should seek
the permission of the judge to do so

Parties and counsel are encouraged to prepare materials that they intend to use or rely
on in advance, either by printing them or displaying them on a separate screen from the
one that will be used for the hearing

The day of the hearing
Parties should follow these directions on the day of the hearing:
• Parties in civil and family matters only are expected to check in at least 30
minutes prior to your scheduled hearing

• When prompted, enter your first and last name as your screen name in Microsoft
Teams

• Conduct a pre-test to ensure that your microphone, speakers, and video are
working

• After the pre-test, wait until the court clerk calls your matter. The court clerk will
moderate the Teams Video hearing and will admit you to the hearing. You must
wait until the presider enters the hearing, at which point the court clerk will call
the matter and you will be asked to identify yourself verbally. The Teams Video
hearing will then proceed much as a regular court hearing

• If your audio fails or you have another technical issue during the hearing, you
should let the court clerk know using the message function in Microsoft Teams,
then try to resolve the issue. If the problem persists, you should be prepared to
dial in by telephone

During the hearing – standing down at breaks
Participants should remain connected to the hearing during breaks but should mute
their audio and turn off video. At the scheduled end of breaks, participants should turn
both audio and video back on, then wait for the court clerk to recall the matter

Etiquette and decorum
Counsel or parties are expected to introduce themselves for the record as they would
during any ordinary court hearing

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Counsel or parties are requested to speak slowly and clearly and to pause regularly to
allow for the presider to ask questions

If counsel or a self-represented party wishes to object, they should signal the presider
by turning on their microphone and raising their hand. This should activate their Teams
Video window, but if this does not happen, the participant should be prepared to speak
to get the presider’s attention

Counsel appearing should use customary forms of address for court:
• Justice/Madam Justice/Mr. Justice ______ to address judges; and
• Your Honour or Master/Registrar ______ to address masters and registrars

Recording is not permitted
All participants and attendees to Teams Video hearings must read and abide by the
Court’s Policy on Use of Electronic Devices in Courtrooms (“Policy”). The Policy
prohibits taking photographs (including screenshots), video images, or audio recordings
of any court proceeding including Teams Video hearings. Accredited media may make
audio recordings for the purpose of verifying notes. Penalties for failure to abide by the
Policy may include prosecution for contempt of court

Visual appearance
As much as possible, parties should choose a location that will not be accessible to
others during the Teams Video hearing, with adequate lighting, including on faces, and
a background appropriate for a court proceeding that is plain and not distracting

Participants are encouraged to look into the camera when speaking in order to make
“eye contact” with the presider

Sound
All parties must be on separate computers situated in separate rooms, in order to avoid
feedback or other audio problems. Counsel representing one party may share a
computer

As much as possible, participants are encouraged to choose a quiet location with
minimum background noise

Participants must mute their microphones whenever they are not speaking. (See the
linked Teams guide for instructions on how to mute your microphone.)
Participants should consider using headphones or earphones for optimal audio quality

Participants are encouraged to identify the location of their computer microphones and
to be mindful of the sounds that could be picked up. Most built-in computer microphones
are located next to the keyboard. Participants are discouraged from typing during the
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hearing or placing papers directly on top of or close to the microphone while unmuted
as the sound can disrupt the audio transmission

THE FOREGOING IS SUBJECT TO CHANGE. ANY UPDATED DIRECTIONS WILL
BE POSTED ON THE COURT’S WEBSITE

Dated March 31, 2022 at Vancouver, British Columbia
By Direction of Chief Justice Christopher E. Hinkson
Supreme Court of British Columbia
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APPENDIX
CONTACTS FOR HEARINGS AND CONFERENCES
BY VIDEO USING MICROSOFT TEAMS
Location Contact
Abbotsford Mark Williams
[email protected]
778-752-7445
Campbell River Robyn Farmer
[email protected]
250-286-7510
Chilliwack Deb Caswell
[email protected]
604-795-8341
Courtenay Courtney Stoy
[email protected]
250-331-9969
Cranbrook Kristin Gregory
[email protected]
250-420-6573
Dawson Creek Colin Day
[email protected]
250-784-2278
Duncan Kari Erickson
[email protected]
250-978-9731
Fort St. John Kimberley Stephenson
[email protected]
250-787-3366
Golden Raelene Colonna
[email protected]
250-344-7582
Kamloops Shelley Ducharme
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[email protected]
250 828-4365
Kelowna Brenda Holtskog
[email protected]
250 979 6778
Nanaimo Kristin Hill
[email protected]
250 716-5915
Nelson Sarah Palik
[email protected]
778-671-2659
New Westminster Caitlyn White
[email protected]
604-660-8515
Penticton Jeanna Lantz
[email protected]
250-492-1231
Port Alberni Kimberly Touchie
[email protected]
250-720-2424
Port Coquitlam Samantha Steuernol
[email protected]
604-927-2109
Powell River Joanne McRae
[email protected]
250-485-3630
Prince George Denis Senecal
[email protected]
250-614-2703
and
Margherita Berardi
[email protected]
250-614-2754
Prince Rupert Registry
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[email protected]
250-624-7525
Quesnel Jolene Shepherd
[email protected]
250-992-4272
Shelley Wiggins
[email protected]
250-992-4265
and
Alexandria Neilson
[email protected]
250-992-4271
Revelstoke Tina Cannon
[email protected]
250 832-1609
Rossland Gary Linn
[email protected]
250-362-9584
and
Teresa Mah
[email protected]
250-362-7368
Salmon Arm Misty Bradbury
[email protected]
250-832-1645
Smithers Melissa Bennett
[email protected]
250-876-7156
Terrace Nicole Brown
[email protected]
250-638-2115
and
Nikki.Schafhauser
[email protected]
250-638-2104
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Vancouver Scott Kinloch
[email protected]
236-889-9754
Vernon Aynsley Stuart
[email protected]
778-943-7154
Victoria Tawnya Watson
[email protected]
250-475-7431
Williams Lake Jennifer Sangster
[email protected]
250-398-4307
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Computer audio option in Microsoft Teams, participants may join using the phone audio option in Teams if the party can still also appear on screen by video. Participants should only resort to …