Archaic Courts in the Covid Era
It’s no secret that Canadian justice functions on one of the most archaic systems imaginable. It’s 2020, and we live in a glorious era of 5G connectivity, artificial intelligence and virtual reality. And yet, our glorious court system still operates like it did 50 years ago. This may sound like hyperbole, but we’re truly not far away from the days of quill pens and old dusty leather-bound books. It wasn’t so long ago that we heard then Quebec Justice Minister Stéphanie Vallée reveal the government’s plan to overhaul the justice system and allow it to “finally enter the digital era”. But since then not much has actually changed. For a great number of reasons, the legal system, and the legal practice that comes along with it, have been very resistant to technological modernization over the years.
But if there’s any silver lining to be gleaned from this terrible world crisis, it’s perhaps that now, more than ever, our antiquated justice system will be forced into modernity. Indeed, the unprecedented initiative to strictly minimize social contact – which has always been an essential component of procedures in criminal court – has led to some small changes, but more so has cast an embarrassing spotlight on the system’s gross disconnect with modern technology. And this has led to some pretty momentous adaptations.
Here are some of the main technical and logistical issues that have historically plagued the court system. In fairness, some recent initiatives by the Justice department have allowed for long-awaited solutions to some of these issues, but due to years of institutional resistance, many still persist.
Physical presence: Somehow, in the age of simple and accessible video-conferencing, the physical presence of an accused is still required for many steps in criminal court. Despite physical injuries/handicaps, geographical distance, financial limitations or family obligations, our clients are often required to make the trek to court, rain or shine. Before this covid crisis, the idea of a trial via skype was completely unheard of. But some promising news has recently popped up: for the first time ever in a (common law) Quebec tribunal, a trial was held virtually. Lawyers, witnesses and judge were all in separate locations, and each party could be seen and heard via their phones or tablets. This took place on March 26th at the Superior Court of Trois-Rivières before the Honorable judge Clément.
Bailiffs: Bailiffs are tasked with carrying out court orders, which often means handing over official court documents to specific parties. To serve a document means to ensure that said document has officially been brought to the attention of the person concerned. Historically, this has always been done in person, and by paper. Needless to say, this adds to the deluge of paperwork already backlogging the court system. However in a recent ministerial decree, made official on March 27th, Justice Minister Lebel has allowed for the serving of pleadings to now be made via technological means. This is a huge step forward for the justice system.
Court clerks: Court clerks are tasked with taking detailed notes on everything that happens during a hearing. Their role is very important, because without the court minutes we’d have no practical way of confirming/verifying what was said and done during a given court date. And yet, they are still fulfilling these crucial tasks using pen and paper, and occasionally some wite-out to correct a mistake. It’s grossly inefficient for such standardized high-volume tasks to still be performed this way, and it also greatly contributes to the paper-heavy ecological footprint of the court system. One would think it wouldn’t be so hard to set up a computerized system, uploaded with daily dockets and pre-prepared forms for clerks to easily work with. A couple of iPads per courtroom should settle the matter.
Court ushers: Court ushers, in theory, are tasked with ensuring the proper functioning of a court hearing. That could mean anything from directing parties where to be seated, to chastising individuals for not following proper courtroom etiquette. The truth is, all these tasks are generally (and quite promptly) handled by the presiding judge. The most common task of a court usher is to go make photocopies for a judge. Instead of a judge or court clerk simply being able to scan and print copies of a file immediately, our system still requires us to wait for a court usher to slowly make their way through the back channel of the courthouse and find the nearest printer. This inefficiency again could be avoided with the proper technical setup.
One thing is clear: with this crisis upon us, there will be plenty of opportunities for change and adaptation. And this applies on many levels:
- For courts: to be bold and adaptive, to do away with antiquated methods and to keep up with modern times
- For citizens: to have access to simple, intuitive and effective mechanisms to solve their legal disputes
- For lawyers, particularly those from older generations: to be open-minded, to have the courage to change their methods of working, and to embrace the digital age
- For tech/legal entrepreneurs: to realize there has always been a gaping hole in the legal industry for technological innovation. The space is currently empty and it’s up to them to fill it.
If you’ve been convicted of an offence, call Ginzburg Legal in Montreal to speak with a criminal defense lawyer.
Ginzburg Legal
405 Rue Marie-Morin
Montréal QC
H2Y 2Y1
(514) 710-6749