CBA FALL LAW SERIES 2020

Presented by the CBA Criminal Justice Section

“Kicking and Screaming” – The Use of Technology in Courtrooms

Over the course of the last 9 months the Courts have had no choice but to modernize the way they conduct bail hearings, sentencing hearings, other court applications and trials to cope with the consequences of a global pandemic. This webinar will examine each of these areas and the steps taken to facilitate social distancing in courthouses and to limit outbreaks in both the courthouses and custodial institutions across Canada.

There are currently bail hearings and sentencing hearings occurring over the phone and via video link. What are the consequences of these changes, the risks associated as it relates to identification and the rights of unrepresented accused and which of these practices if any can continue after the pandemic is no longer a consideration? What trial applications being conducted in writing without oral argument could continue into the future and should they? Could evidence being tendered through downloads be subject to more liberal public access, what are the risks of this material being submitted in this way and what are the advantages with this type of practice?

There are jury trials being conducted in remote locations outside of courthouses to accommodate social distancing, is the cost associated to this move justifiable considering the risk involved? What rules are being utilized to allow these appearances to occur in this fashion? What parts of trials can be completed remotely or without the attendance of the accused and public? Should these things be done without the accused and publics presence now and moving forward? Which sections in the Code require the accused’s consent or application and how are these applications being impacted by the ongoing pandemic? With respect to remote testimony of witnesses during the Pandemic should an application be necessary?

Our speakers will touch on all of these issues giving their perspectives on the benefits of these new systems and how they are being utilized and their weaknesses as well.

Presenters

The Honourable Nicholas E. Devlin, Justice of the Court of Queen’s Bench of Alberta
Danielle Robitaille, Henein Hutchison LLP
Shannon Davis-Ermuth, Senior Counsel, Department of Justice Canada
Moderator – Jayme D. Williams, Alberta Crown Prosecution Service