In the public interest

As a Crown prosecutor, working during the COVID-19 pandemic has been an exercise in innovation, patience, collaboration, and endurance.

At the beginning of the pandemic in Alberta, March 2020, the entire Alberta court system and the practice of criminal law were premised on in-person work. When we were all ordered home, all out-of-custody criminal trials, appeals, sentencing hearings and many docket appearances were adjourned for ten weeks initially and then extended another six weeks. But the urgency of our matters didn't let up. As has been reported, domestic violence increased during the pandemic. Police work generally continued apace. And as always, accused and incarcerated persons' rights had to transcend our strange moment in time. As a result, bail hearings were conducted in-person or remotely to ensure that urgent matters were dealt with. Trials for in-custody individuals continued with adjustments being made in real time to accommodate the ever-changing situation.

For these reasons and more, all the actors in the justice system had to pull together to see that our criminal matters were resolved. In the criminal bar in Calgary, most defence counsel and Crown prosecutors were working collaboratively to ensure the focus could be on substantive issues. We had to work together to figure out new and dynamic procedures. I watched as counsel on opposing sides handled novel challenges together and rose to the occasion to collaborate. I also watched with admiration as all the actors in the court system – clerks, administrators and judges – quickly adapted to make virtual court and electronic filing into a functioning system.

Looking back, the exigencies of the pandemic shifted how I thought about the public interest, which surprised me. As Crown counsel, we have unique ethical duties. I have always taken this high public duty and honour seriously. I would not have expected the public interest, or justice, to look any different to me during the pandemic than it had looked in the past. But the concern for undue delays and the basic challenges of having our matters heard seemed to focus all counsel on what mattered. We dropped much of the procedural wrangling, as counsel shared a drive to get to the business of serious, substantive advocacy. I saw, overall, a movement of all parties toward reasonableness as we confronted the merits of our respective cases earlier than we may have done in the before-times. I think this can only be for the good.

On a personal level, I did suffer the loss of the collegial interactions I am used to. I had always benefited from having wonderful colleagues to consult with on procedural or strategic matters, large and small. Working from home, only the most important questions seemed to warrant reaching out to a colleague for support or advice. I also missed the small day-to-day interactions that happen in the copy room or at the lunchroom table where you hear about the lives of your colleagues outside of work.  I have more than a decade of work experience now, so I had a good background to carry me through. I felt especially concerned for my more junior colleagues. Our office adapted by starting weekly knowledge-sharing meetings. These were fun (in terms relative to the pandemic overall) and helpful, but no substitute for in-person interaction.

In the post-pandemic era, whenever that may be, let's hope the criminal bar can hold onto our acute sensitivity to the needs of justice, heightened by the pandemic. And I will also look forward to restoring the social bonds of our pre-pandemic working lives.