FOCUS on Post-Pandemic Challenges Surrounding Administration of Justice

A Post-Pandemic Look at Virtual versus In-Person Courtrooms: Determining the Best Fit for Procedural Fairness in the Administration of Justice

October 24, 2023 2:15pm

Kenneth Jull
Counsel
Gardiner Roberts LLP

Nabila Abdul Malik
Partner
Fasken LLP

Virtual hearings became more commonplace as a result of the global pandemic helping to ensure the administration of justice. Now as we enter the post -pandemic era, administrative bodies are taking a closer look at the continuing use of virtual versus in-person proceedings. This panel will examine what we have learned about the virtual courtroom, how justice can be administered in a virtual setting, and how to best proceed as the pandemic fades to memory.

  • What have we learned from the pandemic era about virtual versus in-person proceedings
  • Identifying best practices to apply to virtual hearings vs in-person hearings
  • Analyzing the consequences of having only virtual or only in-person hearings
  • Understanding the costs involved for virtual versus in-person hearings and how this can restrict someone from gaining access to justice
    • Does having a virtual hearing still provide Canadians with their right to a fair proceeding?
  • Determining the future of virtual proceedings in administrative law settings?
    • When are they effective?
    • Do they still make sense in a post-pandemic world?
  • Distinguishing the effects of virtual versus in-person hearings for self-regulated parties