As pandemic restrictions ease, lawyers hope to see broadcasts of court proceedings continue

Cameras have long been kept out of Ontario courtrooms, but that changed due to the pandemicwhen courts adopted using video conferencing software to continue proceedings amid COVID-19restrictions. Now,some lawyers and advocates sayit's time to open courts for public viewing.

"We often heard about how the sky would fall if this was broadcastout ," said defence lawyer Sean Robichaud, who has advocated for cameras in courtrooms before the pandemic made it possible.

"But really what happened is the proceedings continued in rather boring, uneventful ways and nothing changed."

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Proceedings in Ontario shifted online in 2020 following the outbreak of COVID-19. Just last October the first jury trial was held in Windsor after 20 months of shut down. The proceedings were held in person and spread across four courtrooms, some were able to watch the trial by way of a virtual link. Media and others also watchedonline earlier this monthas a Superior Court justice listened to arguments and ruled to grant an injunction against protesters blocking the Ambassador Bridge border crossing.

Robichaud said people quickly forget that they arebeing broadcast and it just becomes another day in court.

"Decorum is respected and orders are made about what can and can't be broadcast and it just goes as it should," he said.

"I'm not optimistic this is going to persist because it's not going to be driven by necessity anymore," Robichaud said adding that accused should still have the opportunity to face their accusers in person.

"I think that's a very important thing and I don't want to undermine that at all but there's a lot of witnesses we don't have to have in person."

Good for the system

Bobby Russon, who is a defense lawyer in Windsor agrees with Robichaud. He said he thinks having some proceedings broadcast has been good for the justice system.

"A lot of people really haveno idea what goes on and we sort of get a spark of outrage when one major thing happens," he said. "While if you were a little more in tune with the daily workings of it, you'd have a better understanding."

"He said people are already able to request access to audio recordingsof court proceedings, as well as the ability to attend in person, so it wouldn't be a big leap to continue allowing people to tune in online," said Russon.

"I think at least for certain matters it would make sense to open up at least a little bit more."

But he said he doesn't think the flood gates should be opened completely.

"Obviously there are certain things that need protecting, you know, vulnerable witnesses, vulnerable victims," he said.

"There are certain things you don't want to put out there if it's a matter that's proceeding to a jury eventually and now isn't in front of a jury... but we have publication bans for that reason."

He also said that holding certain proceedings virtually also saves a ton of time and resources.

"There are a lot of things we want to stay virtual; day to day remand courts, video remand courts, simple guilty pleas and sentencing, simple straight forward bail hearings," he said.

CBC asked to speak with someone from the office of the Attorney General or the office of the crown about continuing with courtroom broadcasts in the future but nobody was able to respond.

Government investing

Earlier this montha press release did statethe province would be investing $65 million dollars over the next two years to "Expand Access to Video Court Hearings"

That would"ensure the latest technology is more widely available,helping speed up access to hearings, reduce the need for in-person visits and better serve people who must attend court in-person."