Northwest Territories issues COVID-19 practice directive for inmate removal order

Law360 Canada (April 1, 2020, 2:45 PM EDT) -- On March 31, Chief Judge Robert Gorin of the Territorial Courts released a temporary practice directive on “requirements for obtaining a removal order for a person who is confined to a prison” so they can be brought before a judge via video. This directive was ordered due to COVID-19 precautions.

According to the directive, until it is withdrawn, “counsel applying for a removal order shall provide a memorandum to the Court certifying the following information:

(a) The name of the prisoner and his or her current location;

(b) A list of the offences that the prisoner is charged with;

(c) Which Court the prisoner is required to attend (Territorial Court or Justice of the Peace Court);

(d) The date and time when the prisoner is required in Court;

(e) A declaration that the matter is on the Court docket;

(f) A request that the prisoner is to appear in Court by video; and

(g) The reason for the Court appearance.”

“The memorandum can be transmitted to the Court via e-mail or can be delivered in person. If it is transmitted by e-mail, the memorandum can be an unsigned attachment,” the directive added, noting as well that section 527 of the Criminal Code, which requires that the “applicant for a removal order provide an affidavit setting out the facts of the case,” is suspended while the temporary practice directive is in effect.