Trial by Zoom? The Response to COVID-19 by Canada's Courts

Abstract

COVID-19 has made videoconferencing a regular occurrence in the lives of Canadians. Videoconferencing is being used to maintain social ties, run business meetings—and to uphold responsible government. On April 28, 2020, Members of the House of Commons sat virtually using Zoom. The virtual sitting was the first of what will become a stand-in for regular proceedings, allowing the Members to fulfill some of their parliamentary duties while complying with physical distancing (see Malloy, 2020). As the legislative and executive branches look to digital technology to allow the business of government to continue, what about the judicial branch of Canada's government? Courts are an essential service. This is best articulated by the Chief Justice of Nova Scotia: “The fact is, the Courts cannot close. As the third branch of government, an independent judiciary is vital for our Canadian democracy to function. It is never more important than in times of crisis” (Wood, 2020). In this analysis, we seek to understand how courts have responded to COVID-19 and the challenges of physical distancing through the use of digital technologies. This is accomplished through a systematic review of COVID-19 statements and directives issued from all levels of court across Canada. We briefly compare Canada to the United States, a jurisdiction that demonstrates greater openness to technology.

Cutting-edge technologies for small business and innovation in the era of COVID-19 global health pandemic

“…Many businesses of all sizes have since implemented technologies such as virtual teams, Zoom virtual meetings, synchronous remote learning, and other technologies (Ting et al 2020;Webster 2020). These technologies became the survival strategy during the lockdown of communities by different levels of government meant to contain the spread of the coronavirus disease, and enable the management of operations and projects remotely (Vaccaro et al 2020) or conducting business meetings without physical contact among employees (Puddister and Small 2020;Vaccaro et al 2020).…”

“…On the other hand, the epidemic and the resulting lockdown have accelerated, projected, and magnified the impact technology can have on some organizations' business models. Further, many small businesses have also been able to utilize new techniques to adapt and improvise their business models (Vaccaro et al 2020;Puddister and Small 2020). Notable examples include personal training or tutoring and client advising using virtual video platforms such as Zoom (Puddister and Small 2020).…”

“…Further, many small businesses have also been able to utilize new techniques to adapt and improvise their business models (Vaccaro et al 2020;Puddister and Small 2020). Notable examples include personal training or tutoring and client advising using virtual video platforms such as Zoom (Puddister and Small 2020). Similarly, restaurants have become take away delivery restaurants producing food for delivery in what is known as "dark kitchens," backed by online meal ordering (Pantelidis 2010).…”

COVID-19 Policy Response and the Rise of the Sub-National Governments

“…legislatures decided to close their legislative sessions, deferring policy-making leadership and responsibilities to the state governor, opting not to continue to meet and legislate. The judiciary branch in both countries continued to conduct businesses and hear cases virtually, albeit at reduced capacity (Malloy 2020;Puddister and Small 2020;Rayment and VandenBeukel 2020).…”

Online Dispute Resolution Services: Justice, Concepts, and Challenges

“…The unfolding of COVID-19 lockdowns has forced traditional justice systems (e.g., courts, mediation services) to move to online spaces. Thus, COVID-19 has forced institutions of justice to shift to ODR; for example, through meeting attorneys and judges via zoom (Puddister and Small 2020). Nevertheless, the focus of this chapter is on ODR for online transactions; future research can more closely look at how similar principles and online tools may apply to solving traditional, face-to-face disputes (i.e., disputes that do not pertain to online transactions).…”