All BC Judges Vaccinated, Free Family Law Mediation and Criminal Contempt Appeal Funding

This week on Legally Speaking with Michael Mulligan:

The BC Court of Appeal, BC Supreme Court, and BC Provincial Court issued a joint release advising that all judges and judicial officers, in all the courts in BC, have received two doses of vaccine for COVID-19. 

The courts further advised that, as of November 22, all court staff and all contractors accessing the secure (non-public) areas of courthouses thought BC will all be required to have received two doses of COVID-19 vaccine. 

Because attendance at court is often not voluntary it is particularly important the judges and court staff be vaccinated to reduce the risk that members of the public will not be infected with COVID-19 when attending court. 

In addition, a judge presiding over a 25-day murder trial decided to make it a requirement that prospective jurors be vaccinated to be eligible to serve to reduce the chance of a mistrial being caused by a COVID-19 outbreak. 

Also, on the show, a new program organized by Pro Bono BC: free family law mediation. Senior family law lawyers, and other family law mediators, are providing free assistance for families of up to 3 people with an annual income of less than $65,000 and for families of 4 or more with an annual income of less than $85,000.

Other pro-bono services, in Victoria, are provided at the Law Center. This program is provided by the University of Victoria and is located at the courthouse. Law students provide a range of services for people who are ineligible for legal aid with supervision from experienced instructors and lawyers in the community. 

Finally, several first nations people who were convicted of criminal contempt for blocking roads to protest the construction of the Trans Mountain Pipeline were denied funding for their conviction appeal. 

The BC Court of Appeal judge hearing the application concluded that the conviction appeal, premised on poorly defined claims that the appellants were following first nations law, had little merit.

Despite evidence that there was funding available from a go-fund-me campaign, the appellants were successful in having counsel appointed to argue their sentence appeal.

The Criminal Code has provisions that require judges to consider sentencing options other than jail, with special consideration for first nations offenders. 

Follow this link for a transcript of the show and links to the cases discussed.