Notice to the Profession
January 10, 2022

Although the vast majority of lawyers have been cooperating with the Provincial Court’s revised Notice to the Profession and the Public on virtual proceedings and remote attendance in the Provincial Court (NP 21, November 30, 2021), there have been a number of incidents where lawyers have not respected or cooperated fully with the requirement of counsel to use video cameras when attending court proceedings by videoconference. In light of the Provincial Court’s recent announcement that it will reduce the number of in-person trials between January 10 and January 28, 2022 to address the increased transmission of the Omicron variant and risk of staff shortages, the Law Society reminds lawyers of the court’s direction on remote appearances.

Section I.1.a of the notice directs the following:

Counsel must use their cameras unless there is a technical or other reason why they are unable to do so, in which case they must advise the Court at the commencement of the proceedings. Counsel may turn off their cameras when they are not speaking, unless the judge or justice requests that they keep their cameras on.

Although attending and conducting a proceeding by audioconference or videoconference has required modifying rules for attendance in person, the profession is reminded of the rules of hearing etiquette and decorum for virtual proceedings and remote attendance. Further information about what is required of lawyers who are attending a court proceeding by videoconference is available on the Provincial Court website.