TORONTO -- Eight people, including accused mass murderer Alek Minassian, are seen in tiny boxes on a webinar – delayed off the top due to technical issues – as the judge overseeing the high-profile trial says “this platform will not look to you like a regular courtroom, but I can assure you it is.”
“I expect there will be hiccups again along the way,” Ontario Superior Court Justice Anne Molloy said. “I hope you will all bear with us.”
Minassian’s judge-only trial began on Tuesday morning and is expected to take between four and six weeks. It is being held via Zoom as Ontario COVID-19 protocols prohibit more than 10 people from being inside a courtroom at a time. The trial is one of the first in the country to proceed over Zoom.
“Since the COVID-19 pandemic, we in the justice system have been required to find novel ways to do our work,” Molloy said. “We’ve become almost used to it.”
“This trial is not like most other trials. It has been a challenge to accommodate the number of people who want to view it. It has been a challenge and the delay this morning was part of that.”
Following about an hour delay caused by technical issues on Tuesday morning, the court registrar arraigned Minassian, reading him the 26 charges he is facing – 10 counts of first-degree murder and 16 counts of attempted murder.
Minassian replied saying, “I’m entering a plea of not criminally responsible for all of the counts.”
Back on the afternoon of April 23, 2018, Minassian drove a rented white van down busy sidewalks along Yonge Street, between Finch and Sheppard avenues. He struck dozens of people, ultimately killing eight women and two men.
The victims were 22-year-old Ji Hun Kim, 22-year-old So He Chung, 30-year-old Anne Marie D’Amico, 33-year-old Andrea Bradden, 55-year-old Beutis Renuka Amarasingha, 45-year-old Chul “Eddie” Min Kang, 83-year-old Geraldine Brady, 85-year-old Munir Abdo Habib Najjar, and 94-year-old Mary Elizabeth Forsyth.
In an hours-long police interview, the now-28-year-old previously admitted to planning and carrying out the deadly attack, citing years of sexual rejection from women as the reasoning behind it.
Throughout the trial, Molloy is expected to hear arguments presented by the Crown and defence regarding Minassian’s state of mind at the time of the attack.
Boris Bytensky, Minassian’s lawyer, is arguing that his client is not criminally responsible for the attack and is expected to prove on a balance of probabilities that his client had a mental disorder and did not know right from wrong at the time.
Main Zoom room, webinar and live broadcast
For the duration of the trial, the main Zoom room is reserved for the participants – the accused, the judge, the registrar, the court reporter, and the attorneys, representing both the Crown and the defence.
The court proceedings are then being broadcast live on a Zoom webinar platform, with limited spots available. Spots in the webinar are reserved for victims of the attack and their families, as well as members of the media.
Members of the public wanting to observe the trial were able to do so at the Metro Toronto Convention Centre for the first week of the trial. That location has since been changed to 315 Front Street West in Elm Room B located on the ground floor. Those attending are required to wear a face mask, observe social distancing requirements and be subject to a screening questionnaire.
'Rules of law still apply'
On Tuesday, Minassian appeared on camera wearing a dark-coloured suit with a light-coloured dress shirt. He was looking straight into the camera and not showing any emotions as the Crown opened its case, detailing the events that took place on that tragic day more than two years ago.
In a normal courtroom, the face of the accused would not be visible to those seated in the public gallery as their back would be towards it, facing straight towards the judge seated at the head of the courtroom.
Molloy also pointed out off the top of the proceedings on Tuesday that throughout the virtual trial she will not be in her usual gown and the lawyers will not be wearing their traditional attire either. She noted this decision was made early on.
However, despite the differences, Molloy said, “I can assure the actual rules of evidence and rules of law still apply.”
Molloy went on to add that those observing the trial may notice that she and the lawyers may appear from “time-to-time to not be paying attention.” She said that is because they have multiple screens set up in front of them.
Speaking to the advantages and disadvantages of the trial being held via videoconference, John Struthers, the president of the Criminal Lawyers’ Association, said “this is a highly-charged and very emotional case and it’s not going to be easy any way you do it.”
“The most important thing is that if you want to see this trial, you’ll be able to see it.”
Struthers said he is in favour of keeping the courts as open to the public as possible during the COVID-19 pandemic, especially in a high-profile case that garners a lot of interest such as this one.
“The advantage to the digital platform is not having to risk yourself (during the COVID-19 pandemic) on the subway to watch the trial,” he said. “Turning on your computer because you have a strong interest is safe and you get an accurate representation of what is really going on.”
“It’s just the safe thing to do and right now you just have to do everything to make it as safe as possible.”
In terms of logistics, Struthers said one of the key advantages to the case being heard in a virtual courtroom is that lawyers can call experts from all over the world to testify.
“(These people) might not be able to come in a normal setting or it may be cost prohibited,” he said.
For lawyers, Struthers said, it’s easy to forget that you’re on Zoom about 10 minutes into the court proceedings, but the medium may change the experience and comfort level for victims and their families and “that is really what this trial is about.”
“It might provide some additional comfort not having to be on the stand but for some it may be cathartic to be on the stand,” he said.
Families of victims unable to be together
Ahead of the virtual trial, Nick D’Amico, whose sister was killed in the attack, said the families of the victims will have to find other ways to support one another throughout as they cannot all be in the same room together.
“I think it’s just being aware, being around my family and supporting them, we’re all in this together and with the other families as well – there are a lot of other families going through this and we’ll all be going through the same thing. I think it’s just a matter of finding some way to support each other in whatever capacity we can given the circumstances,” he said.
“Being with the other families and being there with each other, we’ve all been through the same thing, knowing that we’ve all been through the same thing, you’re all kind of working through it together, it provides this sense of comfort so we’re not really going to have that true opportunity here so we’re going to have to find it in other ways.”
D’Amico went on to state that amid the court delays due to the pandemic, the trial has been “building up for weeks and months.”
“Now we’re going to be brought back to the time when this all happened and that’s not going to be easy to deal with,” he said. “We’re a little uneasy, a little queasy. I think no one really knows what to expect.”
“I don’t think it’s ideal. We’ve all become accustomed to virtual settings over the past few months but this is a situation that is unique in the sense that it’s a pretty big trial and significant to my family.”
“You’ve got to roll with it as it comes your way. It just is what it is to be honest.”
Amid the COVID-19 pandemic, several hearings across the province have been held via teleconference, videoconference or in-person at a courthouse with limited seating available.
Back in June, another high-profile case was heard via Zoom and broadcast live on YouTube for the public.
An off-duty Toronto police officer, Const. Michael Theriault, was found guilty of assaulting Dafonte Miller, a young Black man who lost an eye during the altercation three years ago. More than 20,000 people were watching the livestream as Justice Joseph Di Luca delivered his verdict.
For Minassian’s trial, court will not sit on Remembrance Day and is expected to resume on Thursday.
