Please note that the cover pages for BC Court of Appeal civil transcripts have been updated. The Ministry has not outlined the differences and has not yet updated the transcription manual to match any changes. That said, the Ministry would like all authorized reporters to disregard the current transcription manual in favour of the templates …
Effective immediately, references to the Sovereign in civil and criminal matters should be to “Rex” or “His Majesty the King” in place of “Regina” or “Her Majesty the Queen.” Transcripts of proceedings that took place prior to September 8, 2022 (the day the Queen died) should refer to the Sovereign as Regina/HMTQ (and Queen’s Counsel), …
Members have been contacted by an individual seeking transcription services by an authorized reporter, the audio being “incidentally recorded” in a Residential Tenancy Branch hearing. It is noted that Rule 6.11 of the Dispute Resolution Rules of Procedures reads: 6.11 Recording prohibited Persons are prohibited from recording dispute resolution hearings, except as allowed by Rule …
Chief Justice Hinkson has revised Practice Direction 17 – Real-Time Reporting. PD-17, which was first issued on July 1, 2010, has been updated to align with the Official Reporters (Supreme Court) Regulation made under the Court Rules Act. Changes include 14 days’ notice to the registry scheduling manager as opposed to 30 days’ notice. Want …
Chief Justice Hinkson has issued a practice direction on form of address: A justice is to be addressed as “Chief Justice”, “Associate Chief Justice”, “Justice”, “Madam Justice”, or “Mr. Justice” as the context requires. The use of terms “My Lord”, “My Lady”, “Your Lordship”, and “Your Ladyship” is to be avoided. This practice direction is …
The following notice was distributed to BCSRA members in the Summer 2021 Newsletter: It has come to our attention that some BCSRA members are experiencing difficulties getting paid in a timely way or at all for court reporting or transcription services. Sometimes reference is made to the COVID pandemic and its effects, including scheduling issues …
Please note the transcript format update: Provincial Court (Family Rules) will be referenced as Provincial Court Family Rules in transcripts of proceedings that take place after midnight on May 16, 2021. Court reporters cannot search a court file per PCFR 174: https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/120_2020#section174. References: https://www.provincialcourt.bc.ca/enews/enews-27-04-2021 https://www.provincialcourt.bc.ca/enews/enews-11-05-2021 https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/about-bc-justice-system/justice-reform-initiatives/family-civil/pcrf-explained.pdf For more reporter-related news and events, check out bcsra.net/classifieds-news-events. …
1. Speaker Designations Please note the update to gender-neutral colloquies and bylines. Instead of Ms. or Mr., have your speaker designations follow the format of Cnsl, first initial, period, last name. Cnsl B. Example The title of CNSL combined with the first initial and surname are to be used. The first name must be included …
Reporter Rules & Regulations
Any party not wanting to pay for copy orders — or, really, any issue with a client not wanting to pay for a transcript — send them to the Supreme Court Civil Rules, specifically Rule 7-2(26), where it says "transcript may be obtained on payment of the proper fee."
Audio Recordings in Discovery
Every now and then someone other than the court reporter tries to record a discovery. Justice Goepel states:
"There is no provision in the rule to allow the parties themselves to record the proceedings that take place at the examination for discovery. This is different than the rule governing trials. Pursuant to Rule 12-5(70), the court may authorize a party to use a recording device to record evidence at trial. No such rule applies in regard to examinations for discovery."
Video Recordings in Discovery
In the age of remote discoveries, the subject of videorecording is a hot-button topic. Justice Southin had this to say:
"There is no provision in the Rules of the Supreme Court of British Columbia for the order which was pronounced in this case. Since time immemorial, that is to say since examinations for discovery were first permitted in this province which I think now is about 80 or 90 years ago, they have never been filmed by any method at all. If they are to be, there must be a change in the Rules of the Court to permit or authorize such a practice, or, in my view, there must be at least a practice direction emanating from the whole of the Supreme Court of British Columbia on the point."
Making an Original Transcript Available at Trial
This ruling pertains to a case where the original transcript was ordered by plaintiff's counsel at the examination of the plaintiff but defence counsel then wanted the use of the original at trial. Justice Scarth upheld that plaintiff counsel must make the original available to the court and ruled that the difference in cost of the original transcript versus the copy should be paid by the defendant:
"With respect to costs the plaintiff has, on the appeal, in essence succeeded in maintaining the position he took all along with the defendants, that is, to provide the original transcript to the Court for use at the trial if paid for the cost of that transcript. The plaintiff is entitled to his costs of the appeal relating to the transcript issue."
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BC Court Transcription Manual
"The British Columbia Court Transcription Manual applies to both Supreme and Provincial Court, unless otherwise stated. The Ministry may amend the British Columbia Court Transcription Manual on instructions from the Judiciary."