Here’s a surprise: The COVID-19 pandemic hasn’t been all bad.
According to a report released Wednesday by the Canadian Bar Association, the pandemic has very much helped provide the impetus to drive the Canada’s courts into the 21st Century.
“The pandemic propelled the justice system into a long-awaited modernization,” reads the report, entitled No Turning Back.
“We must continue forward and build on the measures, procedures and innovations implemented in response to the pandemic and focus on the needs of the users of the justice system.”
Audio and video conferences have replaced most in-person court and tribunal appearances during the pandemic. (Shutterstock / Dave Clark Digita)
The report was prepared by a special task force that began work last April as the pandemic began making its presence felt in Canada and the legal system was scrambling to adjust.
It notes that physical distancing rules have brought about much positive change because people working in the legal system have had to transform how they do things, including conducting their business remotely by telephone, video or online.
The report says working remotely has reduced financial and geographic barriers for people seeking justice by reducing travel costs and lost income caused by taking days off work to attend in-person proceedings.
As well, the report says, electronic filing of court documents, payment of court fees via telephone and virtual witnessing of wills and power-of-attorney are seen as welcome changes.
It concludes that many of the changes have improved access to justice and resulted in more efficient resolution of disputes in backlogged court systems.
The report calls on governments across the country to invest more in technology–such as virtual platforms for courts and training for lawyers, judges and staff so more legal activities can be done online.
As the pandemic continues, judges are taking the impact of COVID-19 into account in sentencing hearings, bail hearings and family court cases. (Submitted/Supreme Court of Canada Collection)
“The pandemic kick-started a modernization of the way the legal profession and the justice system provide services – something the CBA has been advocating for a long time,” CBA President and task force co-chair, Brad Regehr, says in a media statement released with the report.
“We now need to make sure these changes are sustainable and that they are properly implemented to enhance access to justice.”
The report says not every change has been positive–noting that complicated and sensitive court matters are difficult to conduct remotely, especially in family, immigration and criminal cases–and that learning how to properly use video conferencing web applications or ensuring wireless access proved difficult for some people.
The report says technology should only be integrated into public court systems because it improves access or fairness — not just for its own sake.
Read the full report here.
With files from CBC News (Ryan Patrick Jones, Olivia Stefanovich, The Canadian Press
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