The Muse

The Coronavirus pandemic (Covid-19) has changed and continues to change everyday realities globally. In response to the rapidly spreading highly infectious virus that has seen hundred of deaths across Canada and thousand more globally, the province of Newfoundland and Labrador (like many others) declared a public health state of emergency. In the face of this, other underlying issues seem to be brewing.

In a letter addressed to Honourable Lisa Dempster, NL’s Minister for Children, Seniors and Social Development (CSSD), a group known as the ‘Downtown Healthcare Collaborative Physicians’ has expressed concern about the conduct of the department of children, seniors and social development in the face of the Covid-19 public health state of emergency in NL.

Writing in their capacity as an initiative run in collaboration with the government to address health equity of vulnerable people, the physicians decried the current suspension of parental visits to children in foster care and group homes. In the letter, the physicians acknowledged the alternative provided, which is virtual socialisation, which is not feasible given that most of these parents cannot readily access the technology needed (smart phones, tablets, internet access).

The implications of these decisions, which in the word of the physicians “are serious and complex, with potential short- and long-term consequences for physical and mental health of children and families” could potentially exacerbate desperation and hopelessness among the already vulnerable parent group. The physicians fear that the aftermath of this decision will be increase in “relapse to substance abuse, unsafe coping mechanisms and high-risk behaviours including suicidal ideation”.

The physicians are also concerned about long-term effects of this ‘trauma’, which could potentially affect the mental, physical, intellectual, emotional and social well-being of the affected children. According to the physicians, secure attachments for infants and older children is reliant on non-verbal means of communication, quality time spent together and “in-the-moment experiences” which “absolutely cannot be replicated over the phone or through video-conference”. Furthermore, the group of physicians stated in their letter that “this complete and indefinite separation is contributing to a pattern that can dramatically impact the long-term development and wellbeing of these children as well as their parents”.

In the view of the physicians, this current policy of the separating parents from children at this time “is a form of institutional abuse and a human rights violations”, with overall ramifications that “simply cannot be ignored”. Thus, the Downtown healthcare collaborative physicians are “urgently requesting” immediate reinstatement of the parental visits for their children in foster care and group homes. They also suggested alternatives in lieu of this current policy, but with the same overall effect of preventing community spread of COVID-19 to young and vulnerable children and adults.

FOR THE PERIOD MARCH 30, 2020 TO MAY 22, 2020 (INCLUSIVE)

As of Monday, March 30, 2020 the Provincial Court will not be operating from its Courthouses. Public access is unavailable.

The Judges and most Provincial Court staff will work from home using technology-based applications and telecommunications. Court services may be accessed by law enforcement officers and other civilian authorities in the following circumstances:
 Ex parte matters;
 In- custody inter partes criminal cases (where practicable);
 Emergency family matters; and,
 Emergency applications in exigent circumstances as permitted under its Rules.

Court operations will be monitored to ensure optimal service during these challenging times. Where possible, Courthouses may be re-opened. Any changes will be posted on this website, https://court.nl.ca/provincial/

Enquiries can be made to the local Courthouse, as follows:
St. John’s (709) 729-1539
Harbour Grace (709) 596-6141
Grand Bank (709) 832-1450
Clarenville (709) 466-2635
Gander (709) 256-1100
Grand Falls-Windsor (709) 292-4212
Corner Brook (709) 637-2323
Stephenville (709) 643-2966
Happy Valley-Goose Bay (709) 896-7870
Wabush (709) 896-7870

As of Monday, March 16, 2020, if you have a family, civil, criminal court, Provincial Offences/traffic court or Contraventions Act appearance in the Newfoundland and Labrador Provincial Court, you do not need to attend unless the matter is an in-custody or urgent criminal matter, or an urgent family or child/adult protection matter. This applies as well to all circuit
court cases. Travel by the Court party to all circuit centre locations has been suspended.

Do not come into a courthouse in person if you have been advised to self-isolate by public health officials, your doctor or via Government of NL Website https://www.gov.nl.ca/covid-19/; or you are self-isolating as a result of travel or contact with individuals with COVID-19.

The Provincial Court will remain open, subject to the following:

*FRONT COUNTER SERVICE/BUILDING ACCESS
Effective Monday, March 23, 2020, public access to Provincial Court will be restricted. Main doors will be locked with local courthouse contact information posted. If you require assistance for a mandatory/urgent matter, please call the posted telephone number and a decision will be made if your matter will be processed at that time. Please note that some Court processes can be completed online as outlined in the following paragraphs.

CRIMINAL AND YOUTH CRIMINAL CASES
If you are not in custody and you have a criminal court appearance in the Newfoundland and Labrador Provincial Court from Monday, March 16, 2020 to Friday, May 22, 2020 you do not need to attend court. The Court website will be updated regularly to provide information regarding rescheduling, including your new Court date, which will be ten (10) weeks from the date of your scheduled court appearance or the next court date thereafter. The Court will adjourn your matter without you being present using a Court Order called a “bench warrant with discretion” which will require you to attend Court on the new date. Your new Court date will be posted on the website when available. If your matter is urgent, you or your counsel may choose to come to Court and speak to your matter.

All in-custody matters will proceed including:
• Bail hearings
• Sentencings
• Preliminary inquiries and trials
• Youth criminal sentence reviews

Wherever possible, the Court will make full use of video and audio technology to effectively address criminal matters involving accused persons who are in custody.

The Court will be available to process warrants and judicial authorizations.

CIVIL MATTERS
Civil matters set to proceed from Monday, March 16, 2020 to Friday, May 22, 2020 will be adjourned indefinitely and parties will be contacted by the Court about rescheduled dates.

Small Claims filings may be made via mail, fax or online (e-filing) at
https://provincial.efile.court.nl.ca/

FAMILY (INCLUDING EMERGENCY PROTECTION ORDERS) AND PROTECTION MATTERS (CHILD AND ADULT)
Non-urgent family matters set to be heard from Monday, March 16, 2020 to Friday, May 22, 2020 will be adjourned for ten (10) weeks from the scheduled court date or the next court date thereafter. The Court website will be updated regularly to provide information regarding rescheduling.

Only emergency/mandatory matters will proceed, including, but not limited to:
 Child/Adult Protection;
 Emergency Protection Orders (EPOs); and,
 Family Emergency (such as risk of removal of a child from the Province).

All non-urgent family matters, including trials, scheduled to proceed from Monday, March 16, 2020 to Friday, May 22, 2020 are adjourned without the parties having to attend Court. There will be notification regarding the next appearance date via the Provincial Court website at https://court.nl.ca/provincial/ when available.

The Provincial Court registries will only accept any new non-urgent family filings from March 16, 2020 to May 22, 2020 by mail, e-mail and fax.

TRAFFIC COURT AND CONTRAVENTIONS ACT CASES
Traffic Court and Contraventions Act matters set to proceed from Monday, March 16 to Friday, May 22, 2020 will be adjourned indefinitely and parties will be contacted by the Court about rescheduled dates.

If you have a matter scheduled during this time, you do not need to attend Court. Your case will be rescheduled.
 Fine payments can be made to Fines Administration by phone, online at
https://www.gov.nl.ca/pay-online/ or by mail (see back of ticket). Payments may also be made to Provincial Court by mail only. Do not mail cash.
 Time to Pay extensions, adjournment requests and not guilty pleas can be made by contacting the local courthouse by mail, e-mail or fax.
 If you fail to notify the requisite court location of your intention to contest a matter by mail, e-mail or fax you will be convicted in your absence.

The Court will post further information as it becomes available, so please continue to check the Provincial Court website ttps://court.nl.ca/provincial/ for updates.

Update: As of March 30, 2020, the Provincial court of Newfoundland & Labrador will not be operating from the courthouses and public access will be unavailable: https://themuse.ca/revised-covid-19-court-scheduling-notice-from-the-provincial-court-of-nl/
Exceptions apply.

Spring 2020 semester registration delay

The opening of registration for the Spring 2020 semester will not begin on Monday, March 23, as scheduled. The delay will allow the university to review the planned course offerings for the Spring semester and make adjustments as needed. Once a revised registration date has been determined, students will be notified.

Further waived regulations

Undergraduate students are advised that there has been a waiver to the general undergraduate regulation regarding the Academic Criteria for Continuance for the Winter 2020 semester. Students who do not have an overall 50 per cent average in their Winter 2020 courses or do not have a 55 per cent cumulative average in their Winter 2020 courses at the end of the Winter 2020 semester will not be required to withdraw from the university. Students will be given academic forgiveness and will be eligible to register in a subsequent semester.

Graduate students are advised that the general regulation of Termination of a Graduate Program has been waived until further notice. This means that a graduate student’s program will not be terminated for any reason, including failure to attain a final passing grade of A or B in a program course. This waiver will be rescinded at some time in the future.

Student Health and Wellness 

The Student Wellness and Counselling Centre remains open 8:30 a.m.-4:30 p.m., Monday-Friday, for regular in-person physician and nursing appointments. Students arriving at the clinic should not arrive early for their appointments and should not bring visitors with them. 

Students with COVID-19 questions and concerns should visit www.811healthline.ca or call 811 directly. Do not present in person to the Student Wellness and Counselling Centre if you are experiencing a cough, fever, difficulty breathing, and have travelled outside the province or have had contact with someone who has the COVID-19 virus. 

Counselling appointments will be delivered remotely. Students who wish to book counselling appointments can call 864-8500 and select option 5 to book a remote session with a counsellor.

A reminder to all students that the Student Wellness and Counselling Centre (SWCC) website offers a number of online and phone-based community mental health and wellness supports. Please refer to the detailed list of resources here: https://www.mun.ca/studentwellness/supports-services/OnlineResources.php if you need remote support.

Students with urgent mental health concerns should avail of the following community-based services:

24-hour mental health crisis line: (709) 737-4668 (local) or 1-888-737-4668 (province-wide).

Mobile Crisis Response Team: 1-888-737-4668 St. John’s Region.

24 hour Walk-in Psychiatric Assessment Unit at the Waterford Hospital Site on Waterford Bridge Road: (709) 777-3021 or (709) 777-3022.

Grenfell students: You may also access the on-line resources listed above or visit Counselling and Psychological Services online resources. If you’re in Corner Brook and have an urgent mental health issue, you can also avail of:

Doorways Walk-In Clinic: 35 Boone’s Road, (709) 634-4506. Hours: Mondays 9-4:30 p.m.; Tuesdays 1-9 p.m.; Thursdays 9-4:30 p.m.

Blundon Centre, Career Development, Student Experience and Student Support Office services

The Blundon Centre, Student Experience Office, Student Support Office and Career Development units on the St. John’s campus are offering remote services to students effective immediately. Students can book remote/phone sessions with staff in these offices. Contact details below:

Blundon Centre: blundon@mun.ca
Student Experience Office: ask@mun.ca 
Career Development: careerdevelopment@mun.ca
Student Support Office: studentsupport@mun.ca 

The following student services are currently unavailable: Chaplaincy, Prometric Testing Centre Services

Student Hotline

A reminder that live chat is available to students from 9 a.m.-5 p.m. daily.  Access live chat here https://www.mun.ca/covid19/livechat.php. When live chat is offline, please visit the FAQ for answers to common questions or check out the contact information page for phone numbers or email addresses for key departments. You can also email ask@mun.ca with your questions.

Student employment 

If you are participating in MUCEP, ISWEP, SWASP, GradSWEP or are a student assistant you should no longer come to campus to complete your work as off end of day Tuesday, March 17.

MUCEP/ISWEP/GradSWEP students will be paid for all hours remaining. SWASP students will get their tuition voucher.

Please note that additional content is being added regularly to www.mun.ca/covid19 including information about research, libraries and graduate students so check it regularly. 

Remember to practice social distancing and consult the province’s website https://www.gov.nl.ca/covid-19/

NOTICE TO THE PROFESSION AND GENERAL PUBLIC ON COVID-19: PREVENTATIVE MEASURES

Canada is experiencing an increase in cases of the novel coronavirus (COVID-19) and it is anticipated that the virus will continue to spread. The Court is monitoring the COVID-19 situation closely.

As a result of recent Federal and Provincial Government’s public health advice and directives involving social distancing, public gatherings and that people should stay home where possible, the Supreme Court of Newfoundland and Labrador is taking the following measures to help reduce the transmission of COVID-19 in the community.

To protect the health and safety of the Court’s staff, all court users and our community while ensuring respect for the legal rights of parties appearing before the court, the Supreme Court of Newfoundland and Labrador is limiting all regular operations, effective Thursday March 18, 2020 until further notice. Essential public service is being maintained.

The Court will post further information as it becomes available, so please continue to check the Supreme Court website at www.court.nl.ca/supreme for updates.

Suspension of Court Operations

1. All criminal, family and civil matters scheduled to be heard after March 18, 2020 are adjourned, without the parties having to attend Court. This includes all previously scheduled appearances (including telephone and videoconference appearances), unless the presiding judge directs otherwise. The general public, including Counsel and
   parties with matters scheduled after March 18, 2020, are advised not to attend any court centres.
   
2. Until further notice, only the following IN-CUSTODY CRIMINAL MATTERS will be heard by the Supreme Court of Newfoundland and Labrador:
   (2.1) Bail hearings and reviews
   (2.2) Sentencing hearings
   (2.3) Any other matter that the Court deems necessary and appropriate to hear on an urgent basis. The Bar and the public are advised that these matters will be strictly limited.
   
3. Until further notice, only the following urgent and emergency civil matters will be heard by the Supreme Court of Newfoundland and Labrador:
   (3.1) The following matters related to PUBLIC HEALTH AND SAFETY
   and COVID-19:
   (a) applications by the Chief Medical Officer of Health for orders
   in relation to COVID-19;
   (b) applications to restrain the contravention or continued
   contravention of an order made under the Public Health
   Protection and Promotion Act;
   (c) applications to enforce relevant provisions of any order made
   under the Public Health Protection and Promotion Act;
   (d) any other urgent requests or applications made under the Public
   Health Protection and Promotion Act.
   (3.2) Any other matter that the Court deems necessary and appropriate to hear on an urgent basis. The Bar and the public are advised that these matters will be strictly limited.
   
4. Until further notice, only the following urgent and emergency family matters will be heard by the Supreme Court of Newfoundland and Labrador:
   (4.1) The following FAMILY, CHILD PROTECTION and ADULT
   PROTECTION matters:
   (a) requests for urgent relief relating to the safety of a child or parent
   (e.g., applications for prohibited contact or exclusive possession
   of the home to ensure the protection of a child);
   (b) applications relating to medical decisions or wrongful removal
   of a child;
   (c) preservation orders;
   (d) warrants under the Children, Youth and Families Act and statutorily mandated appearances; and
   (e) new applications under the Adult Protection Act.
   (4.2) Any other matter that the Court deems necessary and appropriate to hear on an urgent basis. The Bar and the public are advised that these matters will be strictly limited.

Filing of documents with the Court

1. For all non-urgent matters, the Court will grant extensions of time for filing when normal operations resume.
2. Court registries will not accept any non-urgent filings until further notice.
3. Urgent filings will only be accepted by the Court through:
   Email to the applicable addresses or fax to the applicable numbers set out below.
   
   All Supreme Court General Division matters and Corner Brook Family Division matters: inquiries@supreme.court.nl.ca
   Fax: 709-729-6623
   
   St. John’s Family Division Matters: familyinquiries@supreme.court.nl.ca
   Fax: 709-729-0784

• The Court may require original documents to be filed before granting any order.
  The payment of any applicable filing fee is postponed and will be addressed by the presiding judge.
• Where a document must be issued, the Court will fax or email an electronic copy of the issued document to the appropriate party/parties.
• Parties/Counsel are advised that there may be delays in processing filings.

Court Appearances

Where an Applicant seeks an urgent hearing, the Court will provide directions.

Court appearances and hearings will be conducted in writing, by teleconference or videoconference, unless the Court determines that an in-person hearing/appearance is necessary.

If an In-Person Hearing/Appearance is necessary, the Court will advise the parties/counsel of the date, time and method of the hearing. There will be strict limits for the duration of the hearing.

Any person attending an In-Person Hearing/Appearance must ensure that they do not attend Court if they have travelled outside Canada in the preceding 14 days or are experiencing symptoms of COVID-19 or have had exposure to someone that has symptoms. If there are any concerns, the individual should contact the Court.

Jury Selections and Jury Trials

1. All jury trials in the Supreme Court of Newfoundland and Labrador will be suspended until further notice.
   
   Self-Represented Litigants
2. Self-represented litigants are expected to comply with the process set out in this Notice.

Further Notices/Announcements from the Court

1. In the weeks ahead, the Court will develop further interim plans and will work to finalise an orderly resumption of regular operations.
   
2. The procedures described in this notice are subject to change as the situation regarding COVID-19 develops.
   
3. For further information, please visit the website or contacts as listed below:
   www.court.nl.ca/supreme
   St. John’s General Division Registry
   inquiries@supreme.court.nl.ca
   Phone: 709-729-1099 or 709-729-1324
   St. John’s Family Division Registry
   familyinquiries@supreme.court.nl.ca
   Phone: 709-729-2573