Supreme Court set to Zoom into future
Virtual hearings by remote video a groundbreaking move for Canada’s top court
The Supreme Court of Canada will for the first time hold its hearings entirely remotely, convening using Zoom video software next week to keep justice moving despite COVID-19 restrictions.
The imposing building of Canada’s top court in Ottawa, overlooking the Ottawa River, remains closed to visitors to curtail coronavirus spread.
On Tuesday, nonetheless, the nine justices will again don their flowing black robes and white collars and bands, but instead of walking in a line into the majestic main courtroom and sitting in red leather chairs backed by black walnut walls, each will turn on their computer and log in, either in their office or from home.
Similarly, lawyers presenting arguments to the court will be robed, but sitting at computers of their own, wherever they may be.
Barring technical difficulty — the chance of which has been reduced by several dry runs and security protocols — Chief Justice Richard Wagner will call the court’s first remote hearing to order.
“While the COVID-19 pandemic has forced us to close our building to physical visitors for everyone’s health and safety, it hasn’t stopped us from doing our work,” Wagner said in a statement.
“We may not be able to welcome members of the public to our physical courtroom, but we are excited to invite everyone to our virtual courtroom for the first time.”
The court has been looking for ways to restart operations suspended by the pandemic.
“We’re not really trying to create anything new, just simply to ensure we can continue to hear cases and deliver justice to Canadians, as is our duty,” said Renée Thériault, executive legal officer to the chief justice.
“This is a new reality for everyone and our focus has been on the submissions, so they can proceed just as they would in the courtroom. We are following the same procedures and customs in the virtual hearing with all of the necessary adjustments,” she said.
“It will proceed as naturally as it can.”
The court has been breathing new life and technology into the 145-year-old institution. In 2007, in a push for modernization, new audiovisual equipment, Wi-Fi and a wheelchair-accessible lectern were added to the court’s building. Laptop computers were embedded in the bench for the judges. Hearings have been webcast since 2009.
In another first, the court travelled to Winnipeg in September, where it held two hearings.
It was the first time the court held hearings outside of Ottawa.
And now they are being held from anywhere the judges might be.
Other courts have moved to video hearings during the pandemic, including the Federal Court of Canada, which also uses Zoom.
When it started, the FCC noted high-profile security problems during some Zoom conferences and said it consulted with Canadian government cybersecurity specialists before starting.
Thériault said the Supreme Court also developed security protocols to protect the hearings.
While it is not a world’s first, she believes it will be the first remote court hearing with simultaneous translation, as the court’s proceedings are bilingual.
If all goes well, a modest landmark in Canada’s legal history will be made when the case of Owners Strata Plan LMS 3905 v. Crystal Square Parking Corporation is called to order.
It did not seem a case destined for national headlines, being a dispute over parking spaces in Burnaby.
All of the hearings will also be livestreamed on the court’s website.
Media and the public can register for a limited number of Zoom connections. Observers will hear and see the discussions and arguments. Those wishing to be a virtual observer on Zoom must pre-register through the Supreme Court’s website by 1 p.m. on June 5.