Virtual court options will remain essential, two Ontario chief justices say
The pandemic forced the court system to quickly adopt technology it had long resisted, such as facilitating remote hearings, and as society now resumes "in person," two Ontario chief justices say virtual options will remain essential for access to justice.
The chief justices for the Superior and Ontario courts, as well as the associate chief justice of Ontario, who is leading the Court of Appeal, made remarks Monday at the annual opening of the courts ceremony, and all reflected on modernization emerging from the COVID-19 pandemic.
The Superior Court of Justice this year released guidelines for how to decide, going forward, whether a matter should be heard in person or virtually.
A return to in-person hearings, especially for complex cases, is an integral part of the justice system, said Superior Court Chief Justice Geoffrey Morawetz.
"Having said that, we also know that the availability of virtual hearings has been transformational for the courts. When deployed for the right types of proceedings, virtual hearings open our court to greater flexibility and accessibility," he said in his remarks.
"There is no going back: virtual hearings have become a permanent fixture for court proceedings."
Ontario Court Chief Justice Lise Maisonneuve outlined a "post-pandemic vision" and said the court is striving to make the most of the pandemic challenges that have proven to be opportunities, such as the use of technology for remote appearances.
"A hybrid model of justice that can accommodate virtual, in-person and dual proceedings, with the ability to seamlessly transition from video to in person, across all regions, is essential," she said in her remarks.
Technology is helping to address a case backlog, Maisonneuve said, but "there is a vital need for more."
"More importantly, we need additional staffing in our courts," she said, addressing her next comments to Attorney General Doug Downey.
"We look forward to continuing our dialogue about the needs in the system. I know that you are committed to ensuring that the staffing model is appropriate and reflective of a modern justice system."
From the Appeal Court, Associate Chief Justice Michal Fairburn issued a more lukewarm endorsement of virtual appearances, though that court doesn't deal with as many brief appearances as the lower courts, instead often handling long and complex legal arguments.
"While we now encourage parties to attend in-person, we have, and plan to continue, for at least the immediate future, providing parties with the flexibility to attend remotely if required," she said.
The Appeal Court recently launched the first phase of a new, digital case-management system that replaces a 30-year-old database, Fairburn said. The third phase, expected in 2023, will provide a new public portal for improved electronic filing, fee payment and document access, she said.
Over the next year the public should also see from the Appeal Court a new decision database with better search capacity, improved courtroom technology and a newly renovated, fully accessible courtroom, Fairburn said.
"Public participation and engagement with the justice system, as well as understanding of the justice system, is an essential element of safeguarding the legitimacy of the rule of law," she said. "We must continue to evolve with this in mind."
This report by The Canadian Press was first published Oct. 3, 2022.
CTVNews.ca Top Stories
Cuban government apologizes to Montreal-area family after delivering wrong body
Cuba's foreign affairs minister has apologized to a Montreal-area family after they were sent the wrong body following the death of a loved one.
What is changing about Canada's capital gains tax and how does it impact me?
The federal government's proposed change to capital gains taxation is expected to increase taxes on investments and mainly affect wealthy Canadians and businesses. Here's what you need to know about the move.
Quebec nurse had to clean up after husband's death in Montreal hospital
On a night she should have been mourning, a nurse from Quebec's Laurentians region says she was forced to clean up her husband after he died at a hospital in Montreal.
'Anything to win': Trudeau says as Poilievre defends meeting protesters
Prime Minister Justin Trudeau is accusing Conservative Leader Pierre Poilievre of welcoming 'the support of conspiracy theorists and extremists,' after the Conservative leader was photographed meeting with protesters, which his office has defended.
Fair in Ontario, flurries in Labrador: Weather systems make for an erratic spring
"It's a bit of a complicated pattern; we've got a lot going on," said Jennifer Smith of the Meteorological Service of Canada in an interview with CTVNews.ca on Wednesday. "[As is] typical with weather, all of these things are related."
Boeing's financial woes continue, while families of crash victims urge U.S. to prosecute the company
Boeing said Wednesday that it lost US$355 million on falling revenue in the first quarter, another sign of the crisis gripping the aircraft manufacturer as it faces increasing scrutiny over the safety of its planes and accusations of shoddy work from a growing number of whistleblowers.
Police tangle with students in Texas and California as wave of campus protest against Gaza war grows
Police tangled with student demonstrators in Texas and California while new encampments sprouted Wednesday at Harvard and other colleges as school leaders sought ways to defuse a growing wave of pro-Palestinian protests.
Bank of Canada officials split on when to start cutting interest rates
Members of the Bank of Canada's governing council were split on how long the central bank should wait before it starts cutting interest rates when they met earlier this month.
Northern Ont. lawyer who abandoned clients in child protection cases disbarred
A North Bay, Ont., lawyer who abandoned 15 clients – many of them child protection cases – has lost his licence to practise law.