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Wills, affidavits, and more to be witnessed electronically during COVID-19 pandemic

New legislation is temporary and will expire with the lifting of the public health state of emergency

Education Minister Brian Warr introduced the bill Tuesday on behalf of the Department of Justice. DAVID MAHER/THE TELEGRAM
Education Minister Brian Warr introduced the bill Tuesday on behalf of the Department of Justice. TELEGRAM FILE PHOTO

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ST. JOHN'S — The work of a lawyer just got a little easier during the COVID-19 pandemic.

On Tuesday, the House of Assembly passed Bill 35, which allows wills, affidavits, deeds and more to be viewed and authenticated through digital measures.

Education Minister Brian Warr, on behalf of Justice Minister Andrew Parsons, said on Tuesday in the House of Assembly the move will allow more legal work to be done during the COVID-19 pandemic.

“Currently the legislation requires in-person witnessing for most documents used as evidence before the courts,” said Warr.

“As a result of COVID-19 and the challenges associated with physical distancing, the Law Society of Newfoundland and Labrador approached (Department of Justice) officials for a temporary solution to allow lawyers to remotely witness certain documents using audiovisual technology.”

The legislation will expire with the lifting of the public health state of emergency.


"This just makes it a lot easier in the context of being able to get these transactions completed for clients.” — Heidi Wicks


Heidi Wicks, an associate with Roebothan McKay Marshall, says the legislative changes will allow justice to flow even if courts can’t open to full capacity for the foreseeable future.

“Some transactions have still been able to be processed while the public health emergency has been ongoing, but it’s very difficult to have documents witnessed now and comply with physical distancing regulations,” she said.

NDP MHA Jim Dinn. - SaltWire Network File Photo
NDP MHA Jim Dinn. - SaltWire Network File Photo

“No one really wants to be going out into public right now, so it’s difficult for clients. This just makes it a lot easier in the context of being able to get these transactions completed for clients.”

Progressive Conservative Leader Ches Crosbie says the circumstances leading up to the legislative changes “are not hard to understand.”

“What the government has sought to do is preserve the veracity and solemnity of documents such as wills and other solemn documents by way of a guarantee of authenticity,” he said.

“On that basis the PC Opposition is pleased to be able to support the intervention, including the intent that it should expire simultaneously with the withdrawal or expiry of the state of emergency.”

NDP MHA Jim Dinn also supported the measure.

“There seems to be an adequate number of safeguards in place,” said Dinn.

Twitter: @DavidMaherNL


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