COVID-19 changed the way we do a lot of things in our daily lives. We’ve adapted as a society to what we now consider the new norms, including wearing a mask and social distancing from each other.
In criminal courts, we have seen a number of changes to adjust to the pandemic, including frequent cleaning. In some cases, a negative COVID test may be required to enter the courthouse.
In the summer of 2021, the provincial government began its shift from COVID-19 infection prevention and exposure control measures to ongoing communicable disease prevention measures. Essentially, restrictions began to be lifted. However, with the emergence of the more contagious Omicron variant, the BC Public Health Officer has made it mandatory for workplaces to revert back to their COVID safety plans.
Safety plans can include mandatory testing, but only in certain situations.
The Court’s COVID-19 safety plan indicated that for people who are experiencing symptoms a COVID test will be available to them.
The reasoning that the court may require a COVID-19 test from anyone who has been in the courthouse are listed below:
- “A court participant who is experiencing COVID-19 like symptoms or has a high degree of real or perceived risk where a clinical assessment including COVID-19 testing is required in order to inform the determination of whether the court proceeding can continue as scheduled;
- A court participant who will experience significant negative consequence should the court proceeding be adjourned in order to access COVID-19 testing; and/or
- A matter is proceeding in court and there is concern that one or more participants may be experiencing symptoms associated with COVID-19.”
So, yes, the court can order that you get a COVID test. However, a COVID-19 test will only actually be required if you are experiencing symptoms and have a high degree of a real or perceived risk that might impact the progress of a court case, where there is a risk that a negative consequence will occur if the matter is adjourned for the purpose to access COVID-19 testing, or if someone appears in court and actively exhibits symptoms of COVID-19.
The easiest way to avoid being asked by the court to take a COVID-19 test is to ensure that you do not attend court when experiencing symptoms of COVID-19. There are procedures in place to contact the court when symptoms are present and alert them such that your matter can be adjourned.
COVID-19 is a contagious virus that has thrown the world into disarray. It had led to the suffering of many. It is important that safety measures, such as a negative COVID test, are in place to promote the wellbeing and health of everyone, particularly in courthouse settings.
