Supreme Court of Canada: Hybrid Hearings Continue, Building Closed

• The Supreme Court of Canada continues to hold hybrid hearings with judges in court and counsel via Zoom.
• Courtroom capacity is limited to 30 people, but the limit on counsel appearing via Zoom has been lifted.
• The Court anticipates a gradual reopening of its building in the spring, though details are still being finalized.
• The Registry may adjust deadlines for the Spring session as planning progresses.
• The Supreme Court is expected to move to the West Memorial Building in 2024.

The Supreme Court of Canada continues to operate with a hybrid hearing model, a system that has proven effective and maintains public access through live webcasts on the Court's website.

The Supreme Court of Canada continues to operate with a hybrid hearing model, a system that has proven effective and maintains public access through live webcasts on the Court's website. As of December 15, 2021, the Supreme Court building remains closed to the general public, though internal operations have adapted significantly. For the Winter 2022 session, judges will preside from the courtroom, while counsel will appear remotely via Zoom, a practice that has been refined with technological adjustments made over the summer months.

Courtroom capacity at the Supreme Court of Canada is currently restricted to 30 individuals, a measure implemented alongside various protective protocols. These include judges being seated on two separate benches, the installation of Plexiglas dividers, and enhanced ventilation systems to ensure safety. This adjusted capacity allowed law clerks to be physically present in the courtroom during the Fall hearings, marking an improvement in their experience compared to previous sessions. Notably, the SCC Zoom hearings counsel limit, which had been in place, was lifted for the Fall session, though the Registrar retains the authority to impose limits if deemed necessary for managing proceedings.

Looking ahead, the Supreme Court of Canada anticipates a gradual return to more normalized operations, with hopes for movement on reopening the building to the public sometime in the spring. The Court envisions a phased approach, potentially allowing principal parties to appear in person while interveners continue to participate remotely via Zoom. However, specific details for this transition remain undetermined due to the inherent challenges of planning during the ongoing pandemic.

The Court's upcoming schedule includes hearing 24 appeals during the Winter session. While the Spring session's docket is currently light, active planning is underway. The Registry may contact agents or their clients to adjust deadlines as part of this preparatory process. Furthermore, a significant logistical change is on the horizon for the Supreme Court of Canada, as the institution is expected to relocate to the West Memorial Building. This move is projected to occur sometime in 2024, as confirmed by Barbara Kincaid.

The Court also marked a significant personnel change with the impending retirement of David Power on December 30, 2021. Chantal Carbonneau, among others, lauded Mr. Power's contributions, highlighting his role as a mentor since her arrival at the Court and reflecting on their similar career trajectories. She expressed gratitude for his work and wished him a happy retirement, sentiments echoed by Mr. Power who stated he was leaving the Court in capable hands and expressed his pleasure working with colleagues and staff.

Christopher Rupar further acknowledged Mr. Power's extensive and varied career, spanning both private and public litigation. He commended Mr. Power's pragmatic and receptive approach to ideas during his tenure at the Court, particularly over the preceding two years. On behalf of Ottawa agents, Mr. Rupar thanked him for his efforts in modernizing and streamlining the Court's processes, underscoring the positive impact of his work on operational efficiency.

Lawyers should note that the Supreme Court of Canada continues to operate with hybrid hearings, requiring counsel to appear via Zoom, though the limit on the number of counsel has been lifted. Be prepared for potential adjustments to deadlines for the Spring session as the Registry plans, and be aware of the anticipated move to the West Memorial Building in 2024.

Source: Original reporting via Supreme Court of Canada video conference minutes.