On March 11, 2020, the World Health Organization (WHO) classified COVID-19 as a worldwide pandemic. As part of its response to the pandemic, CAS took several actions to ensure the health and safety of members of the Courts, CAS employees and the public. In keeping with the recommendations of public health officials, these actions were directed at helping to prevent the spread of COVID-19 and flatten the curve.
When initially responding to the COVID-19 pandemic, CAS’s efforts were focused on enabling continued access to justice for Canadians during this time, while mitigating the risks to the health and safety of members of the Courts, CAS employees, counsel, litigants and the public in Courts and CAS facilities. The organization’s Business Continuity Plan was enacted on March 16, 2020, to ensure that critical activities and services continue to be delivered. Non-essential employees were asked to have a flexible work arrangement or work from home to minimize the number of staff present on site. Operational areas followed suit and implemented their individual Operational Contingency Plans. Essential corporate services such as accounting operations, procurement, staffing, pay and benefits were continued to be provided remotely.
The Courts, under the direction of their respective Chief Justice, implemented their own practices for managing court operations in light of the COVID-19 pandemic. The Courts issued practice directions to suspend regular operations temporarily and postponed scheduled in-person sittings to prevent the possible transmission of COVID-19. The Courts allowed hearings to take place remotely via teleconference and videoconference for urgent matters or at the parties’ requests. Registry offices continued to be open in both Ottawa and in the regions to facilitate court document filing. The Courts also encouraged the electronic submission of court documents when possible.
To limit the potential exposure to COVID-19 in the workplace, increased cleaning protocols were put in place, including a focus on high-traffic areas and high-contact surfaces. Sanitization products were made available and non-medical masks were ordered for those working on site. CAS also worked with PSPC on a process for disinfecting work areas in the event of a suspected or confirmed case.
Public health officials advised members of the public to restrict their movements as much as possible, including travel to and from work to reduce the potential spread of COVID-19. Following the activation of the BCP, all non-essential CAS employees were asked to telework where possible. IT equipment was distributed on a priority basis to provide employees with the necessary tools to telework. IT staff was also available on site in Ottawa and via the IT support line to assist members of the Courts and employees.
With a larger number of employees connecting to the network remotely, CAS also doubled its Internet bandwidth and increased the email attachment limit to allow for the better access, sharing of documents and to facilitate the electronic submission of court documents.
CAS’s IT services coordinated and facilitated the move to remote hearings via teleconference and videoconference. Training on how to use videoconferencing software was provided to members of the Courts and registry officers. Instructions were also developed to assist in recording hearings and uploading audio files. IT staff remained available during hearings to provide technical assistance as required.
At the onset of the COVID-19 pandemic, several unknown factors rendered the situation fluid; new information emerged almost hourly, as Canada managed the crisis in real-time. It was necessary to communicate timely and accurate information to employees to keep them informed of developments as they happen. The Chief Administrator maintained ongoing communication with members of the Courts and employees on a variety of issues, including Occupational Health and Safety, IT and security. Managers proactively engaged their teams from a distance via telephone, Zoom and videoconference. A dedicated web page was also developed where COVID-19 communiqués and links to authoritative resources were made accessible to members of the Courts and employees. A guide was also designed for managers to help respond to questions from employees.
To prepare for the eventual resumption of court operations and a return to the workplace once it is safe, CAS developed protocols and procedures to adjust to the “new normal.” While based on public health officials' latest direction, it is anticipated that processes and procedures to respond to COVID-19 will be adjusted as necessary to comply with the latest information available.