Preface
The Alberta Protocol for Remote Questioning was developed during the COVID‐19 pandemic to allow court matters to progress despite various “physical distancing” measures which preclude in‐person questioning. A consistent and widely adopted Protocol for use of videoconferencing will give the parties confidence that questioning will proceed in an organized way while minimizing disputes about procedures and technology and reducing uncertainty about what may be admitted as evidence by a court. It is expected that the Protocol will primarily be used by litigants and their lawyers in civil and family matters. However, the Protocol is also available to self‐represented litigants who wish to use it.
It is suggested that use of the Protocol will be by agreement unless its use is directed by court order. Parties may choose to amend portions of the Protocol by agreement to meet their needs, where necessary. The Protocol may be used for any questioning contemplated by the Alberta Rules of Court, including under Parts 3 and 6 (questioning on affidavits and questioning of witnesses), Part 5 (questioning for discovery and questioning of experts), Part 9 (questioning in aid of enforcement), and Part 12 (questioning in family law matters). Parties may also find parts of the Protocol useful in remote mediation or arbitration. It is expected that the Protocol will endure beyond the COVID‐19 pandemic to facilitate questioning of parties living or working remotely or unable to attend questioning in person for any reason.
The Protocol is the product of the efforts of a working group of lawyers consisting of Angela Saccomani, Q.C., Patrick Heinsen, Grant Watson, Sam Leung, Julia Ibanescu, and Donna Purcell, Q.C. The working group received thoughtful input from several stakeholder organizations, including the Canadian Bar Association Alberta Branch, the Alberta Civil Trial Lawyers Association, the Advocates Society‐Alberta Regional Committee, the Alberta Shorthand Reporters Association, and Pro Bono Law Alberta. Members of the Alberta Court of Queen’s Bench reviewed a draft of the Protocol and provided helpful feedback which has been incorporated, although it should be noted that the Court has not, nor can it, officially endorse the Protocol.
Suggestions for future revisions to the Protocol may be sent to Grant Watson at grant@watsonconstructionlaw.ca.