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The Court of Queen’s Bench of Alberta: Emergency Orders During COVID-19 in Alberta

At Verhaeghe Law Office – we have been very pragmatic and proactive in dealing with adjournments as well as processing emergency Orders throughout our COVID-19 crisis. For example, we continue to submit emergency orders on our client’s behalf as they pertain to family law and child custody disputes. The courts have agreed to deal with COVID-19 parenting issues on a case-by-case basis and therefore we are able to continue working on your family law matters during these precarious times.

On March 18th, 2020 – a message was released from The Right Honourable Richard Wagner, C.P (the Chief Justice of Canada) to address the rapid developments surrounding COVID-19 and to inform the public that Canada’s Chief Justices are actively working to limit the spread of COVID-19 at courts across the country in an effort to protect all citizens.

The Court of Queen’s Bench of Alberta has outlined the suspension of sittings on their website. However, they have also advised that the Alberta Court of Queen’s Bench is limiting hearings to emergency and urgent matters only.

Some of these emergency matters include:

1. Family Law Matters:

  1. With respect to Orders where there is a significant risk of violence or harm to one of the parties or a child
  2. With respect to Orders where there is a removal a child may be removed from their jurisdiction
  3. Emergency Protection Order reviews

2. Civil Matters:

  1. With respect to Orders relating to the pandemic including quarantine orders
  2. Injunctions where there is a prima facie urgency including refusal of treatment/end of life matters
  3. With respect to Civil Restraining Orders, Preservation Orders and Urgent Orders in the nature of habaeus corpus, certiorari mandamus and prohibition

3. Surrogate Matters:

  1. Emergency Adult Guardianship and Trusteeship Orders where there are obvious risks of harm to individuals and/or their property

4. Criminal Matters:

  1. With respect to Orders dealing with detention and bail reviews, wiretaps, production and related Orders
  2. Arrest warrants and matters where the accused are in pre-trial custody

While filing processed remain unaffected, this may change if the COVID-19 situation changes. Court hearings that were scheduled for civil and family law proceedings between March 16 to March 27, 2020 will be adjourned or rescheduled. With regards to criminal proceedings – all jury trials in progress will continue. All other criminal matters including trials and summary conviction appeals are adjourned until further notice.

Contact a Family Law Lawyer from Verhaeghe Law Office Now

Contact our Edmonton family lawyers today for a consultation regarding your child custody disputes, emergency orders and any other family law legal matters. Book a consultation by dialing 587-410-2500 and speak with an Edmonton divorce lawyer today.

Disclaimer: Please note this blog is only intended to act as a general overview and not legal advice. In order for our lawyers to provide you with legal advice – a client lawyer relationship must be established by virtue of contract and retainer. For specific legal guidance on a family law matter – please contact a family law lawyer from our law office today.

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