Are you curious about the virtual hearings in BC courts? During COVID, we witnessed a wave of transformation. Technological advances have significantly shifted our approach to many aspects of life, from shopping to education, from work to recreation.

One such sphere that has been deeply affected by this tide of change is the legal system, particularly in British Columbia, where the concept of remote hearings has started to reshape the legal landscape.

The beginning of the twenty-first century saw the world gradually embracing technology in countless aspects of life. However, for many years, the wheels of justice in courts across the globe turned at their traditional, unhurried pace.

The fast-paced world of technology

The BC court system was no exception, often seeming a little removed from the fast-paced world of technology transforming societies. However, this was all set to change in unexpected ways. The necessity of remote hearings presented itself, and the justice system responded with a decisive leap into the digital age.

The rise of remote hearings was born of necessity. The 2020s brought with them unforeseen challenges. The need for social distancing protocols and minimized physical contact nudged the judicial system to find alternative ways to carry out court proceedings.

This marked the advent of remote hearings in BC courts. This method utilized technology to bring the courtroom to every stakeholder involved, be it the judge, the lawyers, the plaintiffs, the defendants, or the witnesses.

Virtual Hearings: The Next Era of BC Courts

BC courts embraced technology to allow for remote hearings using various platforms. This introduced a paradigm shift in the way court proceedings were conducted.

Courtrooms are spaces filled with solemnity and a sense of decorum. The switch to remote hearings transposed this atmosphere onto digital platforms, thus adding a new facet to the justice system.

At first, this was met with resistance, and rightly so. As with all changes, there were apprehensions about the efficacy and integrity of such a system. Would the essence of the courtroom be lost in translation? Would the sanctity of the legal process be compromised? These were valid questions that needed to be addressed. And they were, with time and experience.

The BC courts set up protocols and guidelines to maintain the dignity and decorum of court proceedings. Online etiquette was established, which participants were expected to adhere to. In many ways, the virtual courtrooms mirrored their physical counterparts.

With the judge presiding over the proceedings and all the participants in their respective roles, albeit in a virtual setting, the essence of the courtroom was retained.

The Evolution of BC Courts: Embracing Virtual Hearings

Strict security measures allayed the fear of compromising the integrity of the system. Secure connections and end-to-end encryption ensured confidentiality and privacy, thus protecting the interests of all parties involved. As the days turned into weeks and months, remote hearings in BC courts slowly started gaining acceptance. They had proved to be more than just a stop-gap arrangement during a crisis.

The benefits of this novel system began to surface. It was clear that remote hearings could offer flexibility, efficiency, and accessibility. Travel time and costs were reduced as participants no longer needed to be physically present in court.

This was a significant advantage for those located in remote areas. For individuals with mobility issues or other physical constraints, the shift to remote hearings was a blessing, enabling them to participate without the hindrances of physically attending court.

Also, the efficient use of resources became apparent. With no physical logistics to worry about, court proceedings could be scheduled with more flexibility. This had the potential to speed up the judicial process, contributing to the system’s overall efficiency.

The rise of remote hearings in BC courts is a powerful testament to technology’s potential to revolutionize sectors of society. It has challenged the traditional norms of the judicial system, proving that embracing technology can lead to efficiency.

Court from a BC Park

The spread of COVID-19 shut down regular court functions on March 13, 2020. The British Columbia courts quickly responded by setting up conferences and hearings via telephone or video. This led to unique opportunities and challenges. In a matter of weeks, the Canadian legal system advanced 20 years in innovation.

Judges had to figure out how to use Skype and teleconferences from their houses, and lawyers had to figure out how to upload documents to Dropbox instead of sending boxes of documents. I would have laughed if you had asked me at the beginning of 2020 if I thought I could appear in front of a Supreme Court judge over the phone while he sat at home.

While the courts were well prepared to handle electronic filing (uploading documents to a portal), they were less ready to handle non-in-person hearings. Just because a lawyer uploads something to the court portal, how do they know it will make it in front of the judge? A lawyer would usually pass a binder with all documents up to the court clerk, who would then give it to the judge.

Ready for appearing in court at Beacon< Hill Park. (Alistair Vigier)

Permanent Changes In the BC Courts

Many law firms are pushing for a permanent switch to phone hearings. However, some people are concerned that a technology-enabled court system could disadvantage low-income people who might not have a cell phone. Many people don’t have a phone, a laptop, or a quiet place to call the courts.

I appeared in court over the phone from a blanket at Beacon Hill Park. I had been pushing for approval to start an online law firm for years, and COVID-19 was my opportunity to innovate in the legal industry.

Construction was going on where I live, so I had to find a quiet and confidential place to call into court. I found a nice corner of Hill Park, and it went well, with the exception of being interrupted by a few rude ducks and peacocks. This will likely be the only time in my career where I can attend court from the park, so I want to take advantage of it.

The Advancement of BC Courts Through Virtual Hearings

I recently called the New Westminister courthouse (from Victoria, BC) to listen to a few hearings of interest. On one of the days, the court clerk had to put everyone on hold while they ran around the courthouse trying to find a document. Around ten lawyers were waiting in line, confused for 30 minutes.

A court is already stressful for those who do not have a lawyer. Any additional complications make it even more challenging. The court rules, and procedures were not designed to be easy to navigate.

When the day comes for your hearing,  you call into the courtroom, and you need to state your name and press the “pound sign.” Many people call in late, and it announces that so-and-so has just joined the conference call. This is highly annoying when someone is in the middle of an argument.

Photo: Unusual activity at the Beacon Hill Park “courthouse.” (Alistair Vigier)

BC Courts and the Shift to Virtual Hearings

I have seen times when a judge decides based on how someone presents themselves to the court. For example, if you are self-represented, show up in jeans and a t-shirt, and have an aggressive attitude, I can almost guarantee you will lose your case. How you dress shouldn’t matter; only the facts and laws should. Make sure to do research before going to court.

However, I can tell you judges are human and worked hard to get to where they are. They don’t want to feel disrespected.  If you wear a suit, take the time to learn the court rules, and are respectful in the courthouse (even to the opposing party), you will do much better.

Over the telephone, the judge has no idea if you are being respectful. Even worse, during one of my hearings, the judge’s phone kept cutting out. I kept saying things like, ” Sorry, my lord, I couldn’t hear what you said. Can you please repeat it?” I could tell the judge was in a bad mood right before I asked the judge to make a favourable decision. This is a scary situation to be in.

Verifying ID Is Much Easier Now

Before COVID-19, a potential client must drive to a law firm to show their driver’s license. These rules are meant to prevent money laundering. However, most areas of law, except real estate law, have little money laundering risk.

This is a “Law Society” requirement that many law firms have ignored in the past because it was not reasonable for many people. If you live in Duncan, BC, and you plan to hire a divorce lawyer in Victoria, BC, will you drive for three hours to show your ID? With COVID-19, the law society has relaxed its rules, hopefully for good. A lawyer can now ask a potential client to show their ID during the Skype call and match it against the ID sent via email.

While there are several challenges with telephone hearings, I hope the courts don’t return to what’s comfortable post-COVID-19. Innovation is a challenge but a must to bring British Columbia courts into the 2020s.