Attending Court – What to Expect

• Sabrina
  Kuckertz

  Sabrina
  Kuckertz

  view bio

Court proceedings in Canada are open to the public (with some exceptions), but many people have never stepped inside a courtroom and may feel intimidated by the process. If you don’t have a lawyer to guide you, here’s a brief overview of the process.

Dress Code and Security

Dress appropriately – First, when attending Court, dress as if you’re going to a job interview. Business attire is recommended, and remember hats are not permitted in the courtroom.

Allow extra time for security – All courthouses have mandatory security screening, similar to airport security. Depending on what’s happening in Court that day, there may be a line-up, so it’s best to arrive around 30 minutes early.

The sheriffs will ask you to:

• Empty your pockets
• Place all bags through an x-ray machine
• Step through a metal detector.

Remember, don’t bring anything to the courthouse that may be considered a security threat.

Anyone who holds a valid Law Society membership card (e.g., lawyers) can bypass security by showing the sheriffs their card, so if you see someone ‘butting the line’, chances are that they are a lawyer.

Navigating the Courthouse

At the Edmonton Law Courts, electronic screens (similar to airport Arrivals/Departures screens) display the names of the parties for all the different Court proceedings happening that day, plus their assigned courtroom.

These electronic screens can be confusing, so don’t be afraid to ask for assistance at the Information Desk.

Checking In for Your Hearing

Once you’ve found the right courtroom, (the room number will be illuminated outside the door when it’s open), you’ll need to check in:

If the judge is already present: Enter quietly and take a seat in the gallery (public seating area at the back). Wait until your case is called.

If the judge is not yet in the room: Look for the “list” – a stapled document typically near the front of the room that shows the presiding judge and outlines all matters to be heard. Find your case, note its number, and then check in with the Court clerk by:

• Introducing yourself (be prepared to spell your name)
• Mentioning which matter you’re there for

If you can’t locate the list or don’t see your matter on it, approach the Court clerk, who can assist you.

Courtroom Etiquette and Layout

Standing for the judge – As you’ve probably seen on TV, every time the judge enters or exits the courtroom, everyone who is physically able to, is expected to stand. The judge will let you know when you can sit. Court is “in session” when the judge is in the courtroom.

The “bar” – The fence-like railing near the front separates the public gallery from the formal court area. Only lawyers who have been “called to the bar” may sit in front of this railing. Law students, articling students, and the public must remain in the gallery behind it.

Bowing – Lawyers bow when crossing the bar as a sign of respect when court is in session.

Seating arrangements – When your matter number is called:

• You can stand and approach the front of the courtroom, where the podium and tables are.
• If you’re the plaintiff/the one making the application, you will generally sit at the table on the left (when facing the judge)
• If you’re the defendant/opposing the application, you will generally sit at the table on the right, when facing the judge.

Addressing the Judge

Never interrupt a judge when they’re speaking. The appropriate way to address a judge depends on the level of Court you are in:

• Court of Justice (formerly the Provincial Court): “Justice [surname]” or “Your Honour”
• Court of King’s Bench Applications Judge’s Chambers: “Judge [surname]” or “Your Honour”.
• Court of King’s Bench Justice Chambers or the Court of Appeal: “Justice [surname]” (or “Chief Justice [surname]” or “Associate Chief Justice [surname]”, as applicable).

To keep it simple, you can also respectfully address the judge as “sir” or “madame”.

Speaking protocol: Court proceedings are recorded, so:

• Turn off your phone
• Only one person may speak at a time
• Stand when speaking (if physically able)
• Sit when others are speaking

Conclusion

Court procedures follow many formal traditions and procedures, some of which may come as a surprise to people who have never gone to Court.

Ideally, you will have a lawyer, or someone experienced in the legal process to guide you, but if not, we hope this guide provides a helpful overview of what to expect.

_{This post is meant to provide information only and is not intended to provide legal advice. Although every effort has been made to provide current and accurate information, changes to the law may cause the information in this post to be outdated.}