In Canada, the court / justice system is considered one of the most archaic and conservative parts of our society. Historically it has very much been resistant to change. Before the Covid-19 pandemic in 2019 the use of things like fax machines, paper files, etc. were very much still the norm. While there was certainly a push from the legal community to modernize some aspects of the Canadian court system very little (if any) progress was made across Canada.

Like many other aspects of our society, COVID-19 had a devastating negative effect on the Canadian justice system. There was an extreme backlog of cases that occurred due to the pandemic causing cases to be delayed or not heard.

This in turn forced the justice system into the modern age. This article will outline some changes implemented across Canada (with a focus on Ontario) during the height of the COVID-19 pandemic.

Ontario Court Protocols at the Height of Covid

An update from August 2020 from the Ontario Court of Justice website announced that they would accommodate some hearings over teleconference platforms, specifically Zoom. This was a very novel and innovative change to the court hearing process. These changes took place across Canada, with most courts using either Zoom or Cisco WebEx platforms.

Ontario Court Protocols Post-Covid

Post-pandemic, Ontario courts have released their plans for permanently implementing technological innovation in the justice system. For example, the Ontario Superior Court of Justice released this statement regarding technology and the post-pandemic landscape:

“Moving forward, the courts will continue to adapt and transform the administration of justice with the assistance of technology. We have seen its impact on the Court’s ability to serve the public and look forward to its positive influence on justice across the province”.

Some specific examples of changes being implemented are:

1. In Small Claims Court, all assessment hearings will be held remotely by videoconference, unless the Court specifies otherwise.
2. In Criminal Court, all bail hearings will be held virtually subject to the discretion of the Court, which will take into account: the availability of a virtual suite from the custodial institution, whether the accused is self-represented, the position(s) of the parties and any other factor bearing on the administration of justice.
3. In the past, judges, lawyers, and other legal professionals lugged boxes and boxes of paper materials around when going to court. Now, many courts use CaseLines, a cloud-based document sharing and storage e-hearing platform for both remote and in-person court proceedings.

A shift to online over in-person attendance is taking place all over the country. For example, for the Manitoba Court of Queen’s Bench, all Judicially Assisted Dispute Resolutions in Family Court will proceed via teleconference. This is an important shift in the way the justice system works in Canada, and may even provide a long-term solution to the backlog of cases that have plagued the court / justice system.

Looking Forward

There are both pros and cons to this technological shift. Online procedures can be convenient, quicker, and for family court in particular, could even reduce the psychological burden of attending court. On the flip side, however, when it comes to criminal court and juries, important nuances of body language could be lost that could change the outcome of the case with less in-person court proceedings.

Despite the cons of this technological shift, it looks like the changes are here to stay. A hybrid model of in-person and online attendances is likely here to stay as it increases Canadians’ access to justice in general.

DISCLAIMER: articles posted in this blog are for informational purposes only. It may not be up-to-date, is not intended to serve as a comprehensive treatment of the topic, and may not be accurate. It shall not be construed as legal advice. No solicitor-client relationship is established from accessing this website and/or webpage. Nothing replaces retaining a qualified, competent lawyer or other legal professional, well versed in this area of the law to provide you legal advice.