Ontario imposes controversial limitations on virtual courtroom access scrutinized by legal professionals and commentators
The Ontario Court of Justice's recent policy restricting virtual access to court proceedings has sparked discussions about transparency and openness in the judicial process. Experts and observers worry that virtual formats may limit public access and scrutiny, as traditional in-person courtrooms inherently allow for open observation.
The shift to virtual hearings can create challenges such as restricted or controlled access to live streams and recordings, limiting the ability of the public and press to witness proceedings in real time or review them afterward. This potentially reduces the level of transparency and accountability that courts typically maintain.
Law experts also question the criteria for granting access to court proceedings. Teresa Scassa, a law professor at the University of Ottawa, has raised concerns about the new policy, stating, "Does everybody get permission? Who gets denied permission? Is there some hierarchy?"
The continued use of videoconferencing technology in courtrooms since the COVID-19 pandemic has created a level of access that people now expect. Scassa notes that the new policy could be a step back when it comes to openness.
While the policy requires authorization from the judge or justice of peace overseeing the case for observers to access court proceedings online, a different process is followed for victims and complainants. Jasminder Sekhon, director of community engagement, EDI and policy at Victim Services Toronto, suggests updating policies to make the process more accessible and survivor-informed.
The new policy has faced criticism from various quarters. Boris Bytensky, president of the Criminal Lawyers' Association, supports the changes due to "despicable acts of disruption" in virtual courts. However, avid court observer Jenny Pelland has witnessed Zoom bombings in high-profile cases, displaying violent or pornographic content.
Pelland has also noticed limitations on access even in cases when she reached out to a judge or court clerk for permission in advance. For some courts in Ottawa, it's been almost impossible to log in for the past few months. Since the observer policy was announced, courts have applied the rules differently, with some banning public access and others requiring attendees to provide their full legal name or have their camera turned off.
The policy does not apply to proceedings at the Ontario Superior Court of Justice. Alyssa King, associate professor of law at Queen's University, believes understaffing and added administrative burden will cause inconsistencies in the way policies are applied across the province.
The Ontario Court of Justice did not respond to a request for more information about the authorization process before deadline. The balance between efficient access amidst technological shifts and maintaining the judicial system's traditional openness is the core issue prompting these worries. Law experts typically advocate for clear rules ensuring public and media access to virtual proceedings to uphold transparency and trust in the justice system.
The policy's restrictive approach to virtual access may impact the transparency and accountability in business and finance matters, given courts' role as a key platform for such proceedings.
In light of the new policy's inconsistencies and limitations, there is a growing need for technology solutions that can enhance the accessibility and openness of court proceedings, ensuring the public's right to information is preserved.
