Revised 05/05/2020
Purpose and Objectives
On March 11, 2020 the World Health Organization (WHO) declared COVID‐19 a global pandemic following which the Government of Alberta declared a state of Public Health Emergency on March 17, 2020. As a result, this Protocol has been developed by a group of Alberta lawyers working collaboratively to address challenges created by the pandemic that has resulted in various mandatory and recommended “physical distancing” measures which make in‐person questioning impossible or impractical. This Protocol may be used to address other challenges, including to secure the evidence of witnesses in remote areas. It is expected that this Protocol will be adopted by agreement of parties and lawyers prior to its use. In some cases, a court may direct the use of this Protocol, or a variation of it, where agreement cannot be reached by the parties.
Nothing in this Protocol is intended to supersede or vary any rule, right, obligation, or procedure set out in the Alberta Rules of Court or the Law Society of Alberta Code of Conduct except where a variation of such rule, right, obligation, or procedure by consent of the parties is expressly permitted.
The purpose of this Protocol is to provide a means to secure the evidence of parties to litigation and other persons subject to Questioning under the Alberta Rules of Court, with priority given to the following objectives:
- Public Health: Wherever possible, physical contact between individuals and items they may contact, such as documents, should be reduced or eliminated.
- Access to Justice: Court matters should proceed in a timely way to give resolution to the parties.
- Efficient Conduct of Litigation: Legal costs should be kept to the necessary minimum, and the most efficient possible use should be made of limited court resources.
- Integrity of Process and Evidence: Parties and their lawyers should have confidence that the process is fair and predictable, and that it isn’t being abused by another party. Evidence should be subject to rigorous scrutiny without creating unnecessary barriers to the admission of evidence in court proceedings.
- Confidentiality: Questioning under this Protocol should be treated with the same concern for confidentiality and any privilege that may apply as is in‐person questioning.