fbpx
  • Latest News
  • Trending News
  • All
  • Latest News
  • Featured
  • Industry News
  • Legal Governance
  • Constitutional Law
  • Op-Ed
  • News Archives
  • Alternative Dispute Resolution
  • Analysis
  • Bankruptcy Law
  • Consumer Protection Law
  • Cyber Security Law
  • Family Law
  • Disability Law
  • Employment Law
  • Environmental Law
  • Estate Law
  • Housing Law
  • Human Rights Code
  • Immigration Law
  • Insurance Law
  • Intellectual Property Law
  • Privacy Law
  • Tax Law
  • Workers Compensation Board
Virtual proceedings: Here to stay but devil in the details

Virtual proceedings: Here to stay but devil in the details

March 31, 2022
More than 10,000 Canadians received a medically-assisted death in 2021: report

More than 10,000 Canadians received a medically-assisted death in 2021: report

August 13, 2022
Quebec Superior Court suspends Bill 96’s translation requirement until constitutionality determined

Quebec Superior Court suspends Bill 96’s translation requirement until constitutionality determined

August 12, 2022
The Ontario government has given Maggie an ultimatum: the disabled teen can lose her funding or her independence

The Ontario government has given Maggie an ultimatum: the disabled teen can lose her funding or her independence

August 12, 2022
FBI took 11 sets of classified material from Trump’s Mar-a-Lago home while investigating possible Espionage Act violations (US)

FBI took 11 sets of classified material from Trump’s Mar-a-Lago home while investigating possible Espionage Act violations (US)

August 12, 2022
Ontario class action settlement reclassifies volunteers as employees, setting new precedent

Ontario class action settlement reclassifies volunteers as employees, setting new precedent

August 11, 2022
Availability of Judicial Review in SABS Disputes

Availability of Judicial Review in SABS Disputes

August 10, 2022
Are masking policies still valid?

Are masking policies still valid?

August 10, 2022
Justice Canada releases commission report on impact of lack of legal aid in family law disputes

Justice Canada releases commission report on impact of lack of legal aid in family law disputes

August 9, 2022
Harmonized sales tax part of maximum amount of attendant care benefits owed by insurer: court

Harmonized sales tax part of maximum amount of attendant care benefits owed by insurer: court

August 8, 2022
New rules coming next month to help Canadians with cancelled and delayed flights

New rules coming next month to help Canadians with cancelled and delayed flights

August 3, 2022
Stephen King set to testify for govt in books merger trial (US)

Stephen King set to testify for govt in books merger trial (US)

August 2, 2022
New law program in Quebec to begin next fall, a first in 50 years

New law program in Quebec to begin next fall, a first in 50 years

August 2, 2022

Defence lawyers threaten job action over Legal Aid Alberta funding

August 1, 2022
The Impact of the Lack of Legal Aid in Family Law Cases

The Impact of the Lack of Legal Aid in Family Law Cases

July 29, 2022
SCC rules that when someone is required by their partner to wear a condom but do not, they could be guilty of sexual assault.

SCC rules that when someone is required by their partner to wear a condom but do not, they could be guilty of sexual assault.

July 29, 2022
Big Plastic suing feds over single-use ban β€” again

Big Plastic suing feds over single-use ban β€” again

July 29, 2022
Tim Hortons offers coffee and doughnut as proposed settlement in class action lawsuit

Tim Hortons offers coffee and doughnut as proposed settlement in class action lawsuit

July 29, 2022

NBA investigating Philadelphia 76ers for possible tampering

July 29, 2022

#MeToo didn’t end sexual harassment in the workplace and vigilance remains a must

July 29, 2022
The SCC has refused to hear the appeal to declare the renewal of the state of health emergency by the Quebec government invalid

The SCC has refused to hear the appeal to declare the renewal of the state of health emergency by the Quebec government invalid

July 28, 2022
Federal privacy commissioner investigating controversial ArriveCAN app

Federal privacy commissioner investigating controversial ArriveCAN app

July 28, 2022
Kraken, a U.S. Crypto Exchange, Is Suspected of Violating Sanctions (US)

Kraken, a U.S. Crypto Exchange, Is Suspected of Violating Sanctions (US)

July 26, 2022
Ontario court certifies class action on former patients’ anxiety from notice of risk of infection

Ontario court certifies class action on former patients’ anxiety from notice of risk of infection

July 26, 2022
The stakes couldn’t be higher as Canada’s top court decides whether to hear climate class action lawsuit

The stakes couldn’t be higher as Canada’s top court decides whether to hear climate class action lawsuit

July 26, 2022
Professor Barnali Choudhury selected by EU as trade and sustainable development expert

Professor Barnali Choudhury selected by EU as trade and sustainable development expert

July 25, 2022

Abuse and harassment survivors ‘silenced’ by non-disclosure agreements fight for change to B.C. law

July 23, 2022
The Supreme Court decision on the β€˜Ghomeshi’ amendments will help sexual assault victims access justice

The Supreme Court decision on the β€˜Ghomeshi’ amendments will help sexual assault victims access justice

July 5, 2022
AFN Reaches $20 B Final Settlement Agreement to Compensate First Nations Children and Families

AFN Reaches $20 B Final Settlement Agreement to Compensate First Nations Children and Families

July 4, 2022

Why your options may be limited if your employer wants you back in the workplace

July 4, 2022

City directs contractors to reinstate Sikh security guards who lost work due to clean-shaven rule

July 4, 2022
  • ABOUT LITN
  • SUPPORT LITN
  • LEGAL, PRIVACY & POLICY
  • PUBLIC EDUCATION & RESOURCE LINKS
Friday, January 27, 2023
  • Login
  • Register for a FREE LITN account
βš– Law in the News .com (LITN) Media πŸ“ƒ
  • Latest News
  • Industry News
  • Categories
    • A to C
      • Aboriginal Law
      • Access to Justice (A2J)
      • Administrative Law
      • Alternative Dispute Resolution
      • Analysis
      • Animal Law
      • Anti-Corruption Law
      • Antitrust Law
      • Arbitration Law
      • Banking and Securities Law
      • Bankruptcy Law
      • Cannibis Law
      • Civil Litigation
      • Class Action
      • Commercial Law
      • Constitutional Law
      • Construction Law
      • Consumer Protection Law
      • Contract Law
      • Criminal Law
      • Cyber Security Law
    • D to H
      • Disability Law
      • Editor’s Choice
      • Elder Law
      • Employment Law
      • Environmental Law
      • Entertainment Law
      • Estate Law
      • Family Law
      • Highway Traffic Law
      • Housing Law
      • Human Rights Code
    • I to L
      • Immigration Law
      • Industry News
      • Insurance Law
      • Intellectual Property Law
      • International Law
      • Labour Law
      • Latest News
      • Legal Governance
    • M to Z
      • Medical Law
      • Municipal Law
      • Op-Ed
      • Personal Injury Law
      • Privacy Law
      • Real Estate Law
      • Regulatory Law
      • Tax Law
      • Telecommunications Law
      • Transportation Law
      • Workers Compensation Board
  • Archives
    • 2022
      • July 2022
      • June 2022
      • May 2022
      • April 2022
      • March 2022
      • February 2022
      • January 2022
    • 2021
      • December 2021
      • November 2021
      • October 2021
      • September 2021
      • August 2021
  • About LITN
    • Who We Are
    • What We Do
    • Our Mission
    • Our Goal
    • Contact Us
    • Support LITN
      • Contribute to LITN Operations
      • Place YOUR Custom Ad on LITN
      • Engage with LITN Sponsored Ads
      • Create a FREE LITN Account
      • Subscribe to the LITN Newsletter
      • Connect, Follow, Like, Retweet and Repost LITN
    • Legal, Privacy and Policy
      • Cookie Policy (CA)
      • Privacy Policy
      • Terms and Conditions
  • Public Education and Resource Links
No Result
View All Result
βš– Law in the News .com (LITN) Media πŸ“ƒ
  • Latest News
  • Industry News
  • Categories
    • A to C
      • Aboriginal Law
      • Access to Justice (A2J)
      • Administrative Law
      • Alternative Dispute Resolution
      • Analysis
      • Animal Law
      • Anti-Corruption Law
      • Antitrust Law
      • Arbitration Law
      • Banking and Securities Law
      • Bankruptcy Law
      • Cannibis Law
      • Civil Litigation
      • Class Action
      • Commercial Law
      • Constitutional Law
      • Construction Law
      • Consumer Protection Law
      • Contract Law
      • Criminal Law
      • Cyber Security Law
    • D to H
      • Disability Law
      • Editor’s Choice
      • Elder Law
      • Employment Law
      • Environmental Law
      • Entertainment Law
      • Estate Law
      • Family Law
      • Highway Traffic Law
      • Housing Law
      • Human Rights Code
    • I to L
      • Immigration Law
      • Industry News
      • Insurance Law
      • Intellectual Property Law
      • International Law
      • Labour Law
      • Latest News
      • Legal Governance
    • M to Z
      • Medical Law
      • Municipal Law
      • Op-Ed
      • Personal Injury Law
      • Privacy Law
      • Real Estate Law
      • Regulatory Law
      • Tax Law
      • Telecommunications Law
      • Transportation Law
      • Workers Compensation Board
  • Archives
    • 2022
      • July 2022
      • June 2022
      • May 2022
      • April 2022
      • March 2022
      • February 2022
      • January 2022
    • 2021
      • December 2021
      • November 2021
      • October 2021
      • September 2021
      • August 2021
  • About LITN
    • Who We Are
    • What We Do
    • Our Mission
    • Our Goal
    • Contact Us
    • Support LITN
      • Contribute to LITN Operations
      • Place YOUR Custom Ad on LITN
      • Engage with LITN Sponsored Ads
      • Create a FREE LITN Account
      • Subscribe to the LITN Newsletter
      • Connect, Follow, Like, Retweet and Repost LITN
    • Legal, Privacy and Policy
      • Cookie Policy (CA)
      • Privacy Policy
      • Terms and Conditions
  • Public Education and Resource Links
No Result
View All Result
βš– Law in the News .com (LITN) Media πŸ“ƒ
No Result
View All Result
Home Op-Ed

Virtual proceedings: Here to stay but devil in the details

There’s no disputing that it has introduced virtual proceedings as an indelible mark on the justice system.

March 31, 2022
Reading Time: 6 mins read
0
A A
0
Virtual proceedings: Here to stay but devil in the details
Share on FacebookShare on TwitterShare on LinkedInShare by Email
 
PHOTO: Stock
 
  • Julius Melnitzer ⁞ The Lawyer's Daily
  • March 31, 2022
 
Β 

With the announcement that Ontario’s family lawyers will return in person to the Superior Court of Justice in April for parts of the divorce process, there’s a growing sense that things are returning to normal β€” or at least the β€œnew normal.”

Julius Melnitzer  %>
Julius Melnitzer

With the announcement that Ontario’s family lawyers will return in person to the Superior Court of Justice in April for parts of the divorce process, there’s a growing sense that things are returning to normal β€” or at least the β€œnew normal.”

The problem is, as recent statistics indicate, COVID-19 may be here to stay. But whether it is or it isn’t, there’s no disputing that it has introduced virtual proceedings as an indelible mark on the justice system.

So much so that the University of Ottawa’s Common Law Section recently redefined the mooting experience for law students by holding the country’s first trial in the metaverse. The initiative is nothing less than prescient: judges have increasingly made it clear that they expect counsel and parties to adapt to virtual proceedings, particularly when the impact would be to avoid delay, long a bugbear on the path to real justice.

Yet, as the Ontario Court of Appeal has stated (Woods (Re), 2021 ONCA 190), the difference between in-person and virtual hearings is not insignificant, and deciding when virtual proceedings should displace live action is far from settled.

Clearly, technology can facilitate access to justice β€” but it can also hinder it. Consider, for example, the experience of Ontario’s Landlord and Tenant Board, which initially failed to consider that digital hearings effectively excluded those lacking technology or technology skills before making computer and phone terminals available for individuals who needed them. And even to the extent that remote hearings improve access to justice, they may boost the digital divide between those most able to negotiate technology and those who cannot.

Ensuring that technology does not become an obstacle to participation in the justice system, however, is less complicated and more easily assuaged than ensuring that technology does not dilute the quality of justice. Whether or not virtual proceedings impact quality, then, requires examination of their alleged advantages and disadvantages.

A good place to start the investigation is with The Advocates’ Society report:Β The Right to be Heard: The Future of Advocacy in Canada, released in June 2021. In a nutshell, the society recommended that courts and parties embrace the β€œefficiency and flexibility” of video hearings β€œfor routine administrative matters and unopposed hearings.” In-person oral hearings, on the other hand, were the β€œrecommended general guideline” for any matter that β€œinvolves a significant step in the proceeding,” with exceptions β€œbased on principles of proportionality, fairness, and efficiency.”

Perhaps more emphatically, the Bar Councils of England and Wales, Northern Ireland and Ireland, as well as Scotland’s Faculty of Advocates, were of similarly cautious mind. In a joint statement released in May 2021, they maintained that virtual hearings have β€œmultiple and multi-faceted disadvantages.” These included β€œdifferent and less satisfactory” judicial interaction; a diminution in the quality of evidence; β€œvery considerable” challenges to advocacy; and adverse effects on training and well-being. All this produced a β€œmarkedly inferior” experience except in the case of β€œshort or uncontroversial procedural business.”

The Law Society of England and Wales and the Bar Council took particular objection to the introduction of remote juries. Their concerns included the risk of alienating juries and witnesses; jeopardizing security and privacy; and additional expense to taxpayers because remote proceedings could prove more expensive than in-person hearings.

Otherwise, Berkley Research Group, an international consultancy, found that traditional cross-examination of experts is β€œsignificantly less effective” in remote settings, and that the layout of faces on screens can hinder the ability of counsel and judges to evaluate expert witnesses’ reaction to questioning; an English review of remote family law hearings emphasized that virtual proceedings made it difficult to β€œread reactions and communicate in a humane and sensitive way”; and a similar study by Ulster University in Northern Ireland concluded that remote hearings β€œare not yet able to deliver access to justice.”

From a broader perspective, a report prepared for Oireachtas (the Irish Parliament) concluded that remote hearings β€œfall short of the full experience of a real courtroom.” The authors also warned that introducing technology without regard to the physical layout of courtrooms β€œmay undermine perceptions of justice.”

β€œThe court is a ritual experience as much as anything,” the report stated. β€œThe way a courtroom is laid out, the way certain areas are elevated, is important.”

Sir Julian Flaux, chancellor of the High Court in England, is on record as lamenting the lack of formality in online hearings and warning that new advocates risk losing the β€œinherent sense of how to behave in court.” By way of example, Flaux pointed to barristers taking instructions on WhatsApp during proceedings; parties speaking more freely amongst themselves; and less appropriate behaviour from self-represented litigants.

Perhaps not surprisingly, problems with virtual proceedings have been popping up with regularity. These include:

  • surreptitious prompting of witnesses by off-screen individuals;
  • issues relating to the location of judges presiding over virtual hearings, including instances of a U.K. jurist conducting a hearing while driving and an Ontario Superior Court judge allegedly presiding over a sentencing while vacationing in Barbados;
  • distorted perceptions of individuals’ behaviour or reactions caused by camera angles and limited access to non-verbal cues;
  • the lack of support resources that might be available at a courthouse, particularly for vulnerable individuals like abused women;
  • the heightened risk of forgery that plagues electronic documents;
  • illegal sharing of images from virtual proceedings;
  • the unique stresses of β€œZoom fatigue”;
  • cybersecurity issues, including β€œZoom bombing” where hackers take over calls and bombard participants with offensive material;
  • technology glitches, including echoes and background noise; and
  • special challenges for self-represented litigants.


All this having been said, perhaps the most compelling argument in favour of expanded use of virtual proceedings is that they bring the promise of both logistical and cost efficiency to a system long craving it. The convenience of witnesses, parties and experts, famously low on the justice system’s priority lists, could be significantly enhanced, not to mention the cost savings to all arising from reduced travel expenses, travel time, waiting time and unexpected adjournments. Discoveries, where many of the objections to virtual proceedings lose force, are particularly amenable to the advantages of virtual engagement. Digital presentation of exhibits, properly prepared and handled, can also speed up proceedings.

Arguably, however, what’s working most in favour of expanded virtual proceedings is the human condition and its comfort with familiarity. The pandemic shoved tradition aside, leaving an often hidebound profession no choice but to sample a new menu: after all, better virtual proceedings than no proceedings at all, with the attendant impacts on cash flow. And, as it turned out, the pandemic lasted long enough for the new way to become familiar. Going back to tradition, then, means changing things again. And everyone’s had enough of that.

Indeed, the evidence that the transformation is both continuing and permanent is overwhelming. For example, Sir Geoffrey Vos, former chancellor of the English High Court, has developed a plan for a streamlined environment of digital dispute resolution systems. He has predicted that, by mid-2023, online justice in England and Wales β€œwill become a reality for most common types of claims, whether they are damages claims, money claims, possession claims, employment tribunal claims, or public or private family claims.”

Closer to home, the Canadian Bar Association (CBA) is of similar mind. As far back as February 2021, with COVID still rampant, the CBA’s task force on justice issues arising from the pandemic recommended that all dispute resolution bodies should facilitate remote options for proceedings including settlement conferences, trial and appeals.

A new tradition?

Julius Melnitzer is a Toronto-based freelance legal affairs journalist and communications and media consultant to the legal profession. He can be reached by e-mail directly atΒ julius@legalwriter.netΒ or at his website,Β www.legalwriter.net.

 
 

 
GOOGLE ADVERTISEMENT

Want direct access to the latest LITN content?

Stay in the loop ➞ Subscribe to LITN instant notifications.
Receive the latest content delivered directly to your device.
Unsubscribe at anytime.

Unsubscribe from LITN instant notifications
Previous Post

Supreme Court chief justice ‘enormously preoccupied’ by access to justice concerns

Next Post

The Supreme Court upholds a fine of more than $9 million for a Quebec maple syrup thief.

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

I agree to LITN's Terms & Conditions.

Latest News

More than 10,000 Canadians received a medically-assisted death in 2021: report
Medical Law

More than 10,000 Canadians received a medically-assisted death in 2021: report

August 13, 2022
7
Quebec Superior Court suspends Bill 96’s translation requirement until constitutionality determined
Constitutional Law

Quebec Superior Court suspends Bill 96’s translation requirement until constitutionality determined

August 12, 2022
7
The Ontario government has given Maggie an ultimatum: the disabled teen can lose her funding or her independence
Disability Law

The Ontario government has given Maggie an ultimatum: the disabled teen can lose her funding or her independence

August 12, 2022
7

Subscribe

Join the LITN Newsletter ➞ the latest news delivered to your inbox. Unsubscribe at any time.


GOOGLE ADVERTISEMENT

Instagram Feed

  • #LegalTechWoes #legaltech #legaltechpainpoints #legalinnovation  #legalops #legaloperations #legal
#legalgeek #legaltechs #legaltechnology | https://instagram.com/lawinthenews
Courtesy Mat Jakubowski ...silvertownlegal.com | @matjakubowski ... https://www.linkedin.com/in/mat-jakubowski | https://lawinthenews.com/
  • #LegalTechWoes #legaltech #legaltechpainpoints #legalinnovation  #legalops #legaloperations #legal
#legalgeek #legaltechs #legaltechnology | https://instagram.com/lawinthenews
Courtesy Mat Jakubowski ...silvertownlegal.com | @matjakubowski ... https://www.linkedin.com/in/mat-jakubowski | https://lawinthenews.com/
  • #LegalTechWoes #legaltech #legaltechpainpoints #legalinnovation  #legalops #legaloperations #legal
#legalgeek #legaltechs #legaltechnology | https://instagram.com/lawinthenews
Courtesy Mat Jakubowski ...silvertownlegal.com | @matjakubowski ... https://www.linkedin.com/in/mat-jakubowski | https://instagram.com/lawinthenews

Facebook Feed

Facebook Feed

Twitter Feed

Join the Conversation

Personal selections from a Canadian perspective. #Law in the #News #LITN @Law_In_The_News

News Categories

Latest Headlines

More than 10,000 Canadians received a medically-assisted death in 2021: report

More than 10,000 Canadians received a medically-assisted death in 2021: report

August 13, 2022
7
Quebec Superior Court suspends Bill 96’s translation requirement until constitutionality determined

Quebec Superior Court suspends Bill 96’s translation requirement until constitutionality determined

August 12, 2022
7
The Ontario government has given Maggie an ultimatum: the disabled teen can lose her funding or her independence

The Ontario government has given Maggie an ultimatum: the disabled teen can lose her funding or her independence

August 12, 2022
7

Subscribe to the LITN Newsletter

Join the LITN Newsletter ➞ the latest news delivered to your inbox. Unsubscribe at any time.

Website Powered By

DJT Design Studios logo

Β© 2022 Law in the News Media (LITN)

  • About LITN
  • Contact LITN
  • Support LITN
  • Legal, Privacy and Policy
  • Public Education & Resource Links
No Result
View All Result
  • Login
  • Sign Up
  • Latest News
  • Industry News
  • Categories
    • A to C
      • Aboriginal Law
      • Access to Justice (A2J)
      • Administrative Law
      • Alternative Dispute Resolution
      • Analysis
      • Animal Law
      • Arbitration Law
      • Anti-Corruption Law
      • Antitrust Law
      • Banking and Securities Law
      • Bankruptcy Law
      • Cannibis Law
      • Criminal Law
      • Civil Litigation
      • Class Action
      • Commercial Law
      • Constitutional Law
      • Construction Law
      • Consumer Protection Law
      • Contract Law
      • Criminal Law
      • Cyber Security Law
    • D to H
      • Disability Law
      • Editor’s Choice
      • Elder Law
      • Employment Law
      • Environmental Law
      • Estate Law
      • Family Law
      • Highway Traffic Law
      • Housing Law
      • Human Rights Code
    • I to L
      • Immigration Law
      • Industry News
      • Insurance Law
      • Intellectual Property Law
      • International Law
      • Labour Law
      • Latest News
      • Legal Governance
    • M to Z
      • Medical Law
      • Municipal Law
      • Op-Ed
      • Personal Injury Law
      • Privacy Law
      • Real Estate Law
      • Regulatory Law
      • Tax Law
      • Telecommunications Law
      • Transportation Law
      • Workers Compensation Board
  • News Archives
    • 2022
      • July 2022
      • June 2022
      • May 2022
      • April 2022
      • March 2022
      • February 2022
      • January 2022
    • 2021
      • December 2021
      • November 2021
      • October 2021
      • September 2021
      • August 2021
  • Public Education & Resource Links
  • About LITN
    • Who We Are
    • What We Do
    • Our Mission
    • Our Goal
    • Contact LITN
    • Support LITN
    • Legal, Privacy and Policy
      • Home
      • Cookie Policy
      • Privacy Policy
      • Terms of Use Policy

Β© 2022 Law in the News Media (LITN)

Welcome Back to LITN!

Sign In with Facebook
Sign In with Google
Sign In with Linked In
OR

Login to your LITN account below.

Forgot your password? Sign Up

Create a FREE LITN Account!

Sign Up with Facebook
Sign Up with Google
Sign Up with Linked In
OR

Please complete your registration below.

*By registering into the website, you agree to LITN's Terms & Conditions.
All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
βš– Law in the News .com (LITN) Media πŸ“ƒ
Manage Cookie Consent
LITN uses technologies like cookies to store and/or access device information to provide the best user experience. Consenting to these technologies will allow us to process data such as browsing behavior or unique IDs on this site. Not consenting or withdrawing consent, may adversely affect certain features and functions.
Functional Always active
The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
Preferences
The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
Statistics
The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
Marketing
The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
Manage options Manage services Manage vendors Read more about these purposes
View preferences
{title} {title} {title}
Go to mobile version