CMA - Administrative Instruction - COVID-19 Sanitary Measures for Judicial Hearings

4. One week prior to the trial. The week prior to the court martial or the judicial hearing, the Officer of the Court must confirm to the Court Reporter, by email, the following:

1. That all support staff have completed the COVID-19 Awareness Course when available on the Defence Learning Network (DLN) as required at reference A and that they are aware of the CFHS/DFHP recommendations for required cleaning/disinfection to be conducted twice daily as a minimum (during the lunch adjournment and at the end of the day) with special emphasis on high touch areas such as door knobs, light switches, and horizontal work surfaces, as set out at reference B;
2. That there is sufficient supply of the following items in the courtroom:
   1. Hand sanitizer at the courtroom entrance and a bottle in the courtroom;
   2. Protective gloves (if available) and paper towels;
   3. Disinfectant (wipes or spray bottle with paper towels) to disinfect the witness desk;
   4. Personal Protective Equipment (PPE) for all staff in support to the court;
   5. Face masks for all court participants (see Annex C). Note that the non-medical facial coverings are not PPE but a barrier when persons cannot maintain physical distancing of >2m;
   6. Confirmation that all court staff have been informed of the required sanitary measures to be complied with, appropriate dress, and advised of the desirability for all staff and participants to bring their own refillable water bottles;
   7. Sufficient potable water and glasses are available for all court participants and staff participating in the court martial, in the event that personal water bottles become empty during an ongoing proceeding, or are misplaced or forgotten; and
   8. Sufficient soap and disinfectant (including a spray bottle with paper towels) are available in all washrooms.

5. Possible or confirmed cases of COVID-19. In the event that any of the court participants or court staff are required to be placed in isolation, the Officer of the Court will contact the local health services to inquire about the procedure to follow. In addition, mitigation efforts must be made to substitute all porous items which may have been compromised for non-porous items (e.g. cloth covered chairs replaced with plastic chairs) to facilitate cleaning/disinfection. When the substitution of such items is not possible (e.g. carpets, cloth covered furniture) then disinfection in the form of steam/spray must be engaged.

6. Court participants and witnesses accessing the court facilities. Except where a separate entry is provided for the military judge, access to the court facilities should be controlled through one entrance to maximize sanitary control measures. All other doors (if any) shall remain locked. In the event that participants, court staff and the public are required to take an elevator, such access must comply with the physical distancing requirements with required limits placed on the numbers of persons permitted in the elevator at a time, and the necessary disinfection. The court staff must also ensure compliance with the following steps for all personnel accessing the court facilities:

1. If a court participant or a witness is symptomatic, he or she shall not be permitted to enter the court facilities and must be directed to seek medical attention;
2. All persons entering the court facilities must be directed to use the hand sanitizer available at the door prior to entering. Appropriate signage, as set out in reference B must be posted in both official languages;
3. Direct all court participants to go directly to their offices;
4. Court participants should remain in their offices at all times, except when the court is in session or when required to use the washroom facilities; and
5. The two-metre distancing protocol shall be maintained at all times.

7. Washroom Facilities. The intent is to direct the participants to a washroom that meets the Health Canada recommended cleaning protocols. The washrooms to be used are as follows:

1. The military judge must be assigned a private washroom;
2. The court reporter, the court staff and the court participants will use washrooms close to the courtroom; and
3. The officer of the court shall ensure that appropriate sanitary measures are in place, in accordance with base directives, for the use of washrooms.

8. General sanitary measures in the court facilities. In conjunction with the other measures already set out in this document, the following measures will ensure distancing is maintained between personnel at all times to prevent unnecessary risk of contamination. They are as follows:

1. Space counsel tables two metres apart;
2. Space participant’s chairs in order to have counsel, co-counsel and the accused person sitting 2 metres from each other. This may require the addition of tables or the provision of longer tables for counsel;
3. Install markers (tape) on the floor in front of the desks of all court participants to identify the 2 metres physical distance requirement;
4. If the public is permitted to attend, space all spectators’ chairs and rows two metres apart. Spectators will only be permitted access to the court room to the extent that accommodation permits. In the event that spectator demand exceeds the allowable space, the court staff shall make every effort to provide online or virtual access to the proceedings;
5. It is highly desirable that all court staff and participants bring their own refillable water bottle;
6. Restrict the usage of all spaces/offices to the minimum required for the conduct of the judicial hearing;
7. During adjournments, with the exception of washroom facility use, court participants will be requested toremain in their office;
8. In order to limit unnecessary travel, all court participants are to be encouraged to bring their own lunches or be provided support in the ordering in of food to be consumed in their respective offices;
9. If the witness rooms are too small to implement the 2 metres physical distancing, other available spaces must be provided to accommodate the witnesses. Only the number of witnesses that can be accommodated with the 2 metres physical distancing restriction will be permitted in each room;
10. Every time a door handle is touched or the photocopier is used, it shall be disinfected right away by a court staff using wearing gloves (if available);
11. Between witness testimonies, the witness table in the courtroom must be wiped with a disinfectant by a court staff; and
12. Access to the courtroom is restricted to court participants and court staff only. Spectators will be granted access to the proceedings based on seating availability, or via phone connectivity, upon request.

Annex A - Court Martial (CM) Set-up Checklist

The following is a checklist that will help you with the set-up of the spaces required for the conduct of a Standing Court Martial (SCM) and General Court Martial (GCM). It also includes some administrative reminders. Please inform the court reporter ASAP if one of the listed requirements cannot be met.

Courtroom

The Courtroom must be large enough to accommodate a minimum of 2 metres physical distance between each desks. The courtroom must be set up as indicated in the Court Martial Procedures Guide at paragraph 34, with the following items:

• Neutral (without religious signs, unit colours, training aids, unit plaques or trophies, weapon, etc.)
• 5 tables. The judge’s table must be at least 6-feet long. For a GCM: 6 tables. The table for the members of the court martial panel must be long enough to sit 5 people side by side with 2 metres physical distance between them and enough space to take notes and view documents in a binder.
• 7 ergonomic office chairs on wheels (1 at judge’s table, 1 for the court reporter, 2 for the defence, 2 for the prosecution and 1 for the witness). For a GCM: 5 more office chairs for the court martial panel.
• 1 laptop with a mouse connected to DWAN on judge’s table, tested and with the latest antivirus and updates. After the laptop has been tested, the laptop and mouse must be appropriately disinfected.
• 1 network printer close to the court reporter’s table
• DWAN jacks and cables available for counsel and the court reporter tables in courtroom
• Canada and CAF flags
• White tablecloths on all tables if not already skirted (must touch the ground at the front of the table)
• 5 pitchers of water. For a GCM: 7 pitchers of water.
• At least 10 glasses. For a GCM: At least 15 glasses
• Sufficient paper towels to be used for disinfection process and when handling pitchers of water (if gloves not available)
• For a GCM: 5 two-inch binders (not required for a SCM)
• 5 sets of pens, pencils and writing pads. For a GCM: 10 sets
• 1 stapler for the court reporter
• 5 boxes of tissue paper (Kleenex). For a GCM: 7 boxes
• 2 bibles in a separate clear Ziploc-type bags. For a GCM: 3 bibles in a separate clear Ziploctype bags
• 1 clock visible from the judge’s table
• 4 electrical extension cords (1 for each of the following tables: the judge’s, court reporter’s, prosecutor and defence lawyer’s) to connect laptops in the courtroom
• 1 electrical power bar for the court reporter’s recording equipment
• 1 roll of duct tape to secure the court reporter’s microphone wires on the ground
• Appropriate seating for the spectators, two metres apart
• Sufficient pitchers of water to refill personal water bottles for all court participants and staff

Judge’s Chambers

• In the vicinity of the courtroom
• A desk with a comfortable ergonomic-office chair (on wheels)
• A coat rack
• A long-distance-enabled phone line
• A DWAN connection (tested) to which the judge will connect own DWAN laptop
• An electrical extension cord and power bar to connect the judge’s laptop
• A standalone USB printer (no network printer) to which the judge will connect own DWAN laptop
• Printer drivers for the standalone printer on a USB stick (no CD player on judge’s laptop). The judge hold administrative rights to the laptop
• Letter and legal sized paper
• A stapler, staples and paperclips
• Writing pads with pen
• A pitcher of water with a glass
• A box of tissue paper
• Chairs for counsel located at 2 metres apart in compliance with the physical distance restriction in event of meetings with the judge in Chambers

Judge’s Washroom Facility

• A private washroom facility must be reserved for the judge (located in the vicinity of the judge’s chambers if possible) with appropriate soap and disinfectant available

Court Martial Panel Room (when required)

• Devoid of computers, radios and televisions
• 1 table big enough (or 2 tables) to sit 5 people around it with 2 metres physical distance apart, space to write and use binders
• 7 chairs (5 for the primary panel members and 2 for the alternate panel members)
• 1 lockable Protected B filing cabinet
• 1 Protected B lock with keys
• 1 white board with dry-erase markers
• 10 envelopes (the standard #10 sized envelopes)
• 1 stapler with staples
• 1 three-hole punch
• 5 sets of pens and pencils
• 2 coat racks

Counsel Offices

• 2 offices (1 for prosecution and 1 for defence counsel) with desks and chairs (counsel and accused person) large enough to have the accused chair in front of the counsel desk at 2 metres physical distance
• DWAN connections active and tested in each office (with Ethernet cables)
• Long-distance phone in each office

Witness Rooms

• 4 witness rooms with chairs (1 for prosecution’s witnesses, 1 for defence’s witnesses and 2 for examined witnesses) large enough to maintain the 2 metres physical distance between each witness

Parking

• 1 reserved parking space for the military judge as close to the court entrance door as possible to minimize contact with the public. For a GCM: 2 more reserved parking spaces for the court martial panel members as close to the court entrance door as possible to minimize contact with the public.
• Sufficient parking spaces should be available for both counsel

General Administration

• IT support arranged to be on site the first morning of trial
• Public Affair Officer contacted
• Ready access to a photocopier, a facsimile machine and a paper shredder

Annex B - Personal Protective Equipment (PPE) Guidance

1. General. CAF members serve with greater strength and their families support them with more confidence when they are trained, properly equipped and trust that their kit will permit successful operation in an uncertain environment. The COVID-19environment in which tasks will be conducted is new and must be managed with an informed understanding of the identified risk levels. Leadership must ensure that the risk and required level of PPE for any particular task is understood. Further, Tactics, Techniques and Procedures (TTPs) are as important as PPE, and their proper execution must be adhered to at all times.

Annex C (Please see the above attached PDF document.)

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