Since COVID-19 arrived in early 2020, its effects have been uniquely felt throughout the justice system. In Nova Scotia, part of the pandemic response has been a new reliance on phone and video conferencing by the Courts in many proceedings.
In an article in the Summer 2021 issue of Nova Voce, The Honorable Justice Christa M. Brothers outlined the adoption of these new technologies, and some initial challenges both anticipated and experienced. Justice Brothers is one of five judicial members of the All Courts Virtual Court Committee (ACVCC), a group created in response to this virtual shift.
The current virtual court model has been understood to be imperfect since its inception, however as Justice Brothers stated in her article: “patience, flexibility and perseverance got us through those early months.” Almost two years into the pandemic, there is now time to be reflective and explore how the lessons learned over these two difficult years can inform court practices moving forward.
With this in mind, the ACVCC has been working with a team of three Pro-Bono students from the Schulich School of Law at Dalhousie to interview identified community leaders and referred court users on their experiences with virtual court. The interviews began last fall and will be wrapping up at the end of the month.
The goal is to learn how virtual court has affected access to justice for members of marginalized communities in Nova Scotia. In addition to asking respondents to identify both benefits and drawbacks of the current virtual court system, the surveys pose questions about assistance and supports that court users have sought and suggestions for future improvement. Most recently, a more wide-reaching initiative was undertaken in collaboration with the CBA-NS to distribute an online questionnaire through its member newsletter.
From responses received to date, it is clear that experiences vary widely across the region; many individuals have noted both positive and negative impacts resulting from the use of virtual court. Survey responses suggest that a one-size-fits-all approach is neither equitable nor efficient for all individuals and proceedings.
Challenges accessing and understanding technology has been a common issue raised, and one that was to be expected. Some respondents reported issues with connectivity in rural areas, however it was also suggested that virtual court eased the burden of transportation for court users, especially in rural areas without transit systems. For some court users, appearing virtually reduced the stress of the process, but for others, challenges navigating a virtual system amplified stress.
In March, the students will begin compiling the interview data, along with secondary research, into a report to be considered by the ACVCC. The data collected will help the Courts identify and overcome barriers to accessing justice and may inform the extent to which virtual court options are used post-pandemic.