Minister could extend deadlines for court actions in pandemic
Ryan Tumilty
The Vancouver Sun
With many courthouses closed for COVID-19, Canadians are facing ticking deadlines that can force people into divorce deals they don’t want or bankruptcies they could have avoided, but the Liberal government is promising new legislation to stop the clock.
Justice Minister David Lametti sent a letter to critics in all of the opposition parties Wednesday with a proposal for a new piece of legislation that would put some of these timelines on hold until September.
“Deadlines that have not been extended risk forcing people to choose between ignoring public health advice and protecting their legal interests by preparing for or attending court,” said Lametti in the letter.
The proposed legislation would extend timelines for nearly two dozen sets of federal rules, but Lametti cited the divorce act as one particular issue. Under existing legislation someone going through a divorce has 30 days to appeal if they disagree with a judgment, but with many courts largely closed, Lametti said that could be a real challenge.
Federal bankruptcy legislation also gives businesses a set timeline to file a restructuring proposal and if they miss that deadline they are forced into bankruptcy even when a viable business may have remained.
The proposed bill would also extend other deadlines in federal legislation. The government would get a longer period to review foreign investments in Canadian companies. Gun owners would have their expiring licenses extended and several government pension plans would have longer appeal periods for settling disputes.
Lametti said people representing themselves in court are facing the biggest challenges, because they don’t have the information to deal with these changes. He said the issues has to be addressed.
“Canadians and Canadian businesses may also simply lose their right to sue because of the impediments caused by COVID-19.”
Lametti’s proposed legislation includes a sunset clause that would reimpose all the deadlines by no later than September 30.
Tom Laughlin, a lawyer and board member with the Canadian Bar Association, said this is a change that needs to happen because of the closures that courts are dealing with.
He said some courts in the country are open, but there are restrictions in place and even if courts are functioning it may be harder for people see lawyers or get the documents they need to fight a case.
“It’s really a fairness issue to allow them a bit more time to access what they need to, in order to seek the justice that they’re looking for,” he said. “All justice systems should be fair and the concern here is that those individuals who should have access to the system, we’re not able to or are not able to access the system in a timely manner.”
Courts across the country have made significant changes to procedures to adjust to the pandemic, including holding some hearings via video conference and accepting submissions online.
Despite those interventions, Laughlin said the courts are feeling the impact of coronavirus.
“There are different approaches being taken in different parts of the country, but it’s certainly impacting the ability to carry out functions as usual.”
Lawyer Kamleh Nicola, who practices intellectual property law in the federal court, said all things considered, the federal court is adapting pretty well to the crisis and cases are still moving along with virtual sittings.
“They want to move ahead with hearings as much as they can, because if they don’t it is going to create a backlog of cases.”
She said one area the government is missing in its draft legislation is patent law. One of Nicola’s areas of practice has to do with drug patents and she said there are tight timelines for defending a patent, something she would like to see relaxed during the crisis.
NDP MP Randall Garrison said he has heard several concerns about divorce applications and is hopeful the government’s bill will solve the problem.
“Any of these court delays, in provincial courts or federal courts, have a differential impact on women, who often have to use the courts to assert their rights,” he said. “There are a lot of women not receiving alimony or child support payments.”
The government has given a 10-day comment period before the bill can be introduced, Garrison said he is still reviewing it, but hopes it will be brought in swiftly.
“It is urgent and we just don’t have a time frame at this point about when we are going to deal with the bill.”
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