Latest news with #Bytensky
Global News
5 days ago
- Politics
- Global News
Law experts, observers raise questions as Ontario adds virtual courtroom restrictions
Ontario's lower courts are introducing restrictions on who can attend proceedings virtually after what they describe as an escalation of interruptions, a move that law experts and observers say raises questions about transparency. The Ontario Court of Justice released a new policy last week that would stop observers from accessing court proceedings online unless they receive authorization from the judge or justice of peace overseeing the case. Those interested in attending court cases are encouraged to show up in person, the policy says. It does not apply to proceedings at the Ontario Superior Court of Justice. The lower court attributes the move to a rise in deliberate disruptions of court proceedings referred to as 'Zoom bombings,' which is when participants disturb a virtual call with inappropriate content or messages. 'These disruptions are an impermissible attack on the integrity of the justice system and the administration of justice,' an interim policy notice said, adding that they often cause delays and can have negative effects for participants, court staff and jurists. Story continues below advertisement Boris Bytensky, president of the Criminal Lawyers' Association, says changes to the observer policy were needed because of the 'despicable acts of disruption' caused by certain attendees in virtual courts. 'This is the only way to ensure that proceedings that are conducted by Zoom and bring the significant benefits to the system and to the parties that virtual proceedings offer are free from any unacceptable interference,' Bytensky said in an emailed statement. But some experts warn that the policy could be a step back when it comes to openness. Virtual court hearings on Zoom were first adopted in 2020 during the COVID-19 pandemic so court processes could continue amid government-mandated physical distancing rules. The continued use of videoconferencing technology in courtrooms since then has created a level of access people now expect, complicating the decision to change the policy, said Teresa Scassa, law professor at the University of Ottawa. Get breaking National news For news impacting Canada and around the world, sign up for breaking news alerts delivered directly to you when they happen. Sign up for breaking National newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy 'At this point, the meaning of open courts or what is an open court has changed, and now you're taking away something that's there,' she said in an interview. While the new policy says physical attendance is still on the table, that is not an option for everyone, Scassa said. People with disabilities, those who don't drive and anyone who lives far away from courts do not always have the option to attend in person, she said. Story continues below advertisement 'I have some sympathy for the challenges the courts are dealing with. But I do have some questions about whether the route that they've chosen is really the route that best respects the open court principles,' said Scassa. A small number of court proceedings only take place virtually. To observe these cases, the court says people need to request permission by emailing the court's communications officer — the same contact that media use to request access to virtual proceedings. Scassa said she has questions about how judges will decide who should and shouldn't get access: 'Does everybody get permission? Who gets denied permission? Is there some hierarchy?' The Ontario Court of Justice did not respond to a request for more information about the authorization process before deadline. Avid court observer Jenny Pelland said the court's new policy isn't surprising, as they've witnessed Zoom bombings many times over the past few years, especially in high-profile cases. 'I've seen some where it's been very graphic,' Pelland said in an interview, adding that the disruptions often display violent or pornographic content. Since the observer policy was announced, Pelland said courts have already been applying the rules differently, with some posting notices in the Zoom waiting room that public access is banned and others allowing access but requiring attendees to provide their full legal name or have their camera turned off. Story continues below advertisement Such differences are not novel, with Pelland saying they've noticed limitations on access even in cases when they reached out to a judge or court clerk for permission in advance. 'For some courts in Ottawa, it's been almost impossible to log in for the past few months,' Pelland said. 'Some judges don't allow observers at all and it's not something new.' Alyssa King, associate professor of law at Queen's University, said understaffing is already a concern in Ontario courts, and adding more administrative burden for judges will cause inconsistencies in the way policies are applied across the province. 'It's not because anybody is acting in bad faith or trying to prevent the public from accessing the court,' she said. 'But they are people with a big workload and sometimes very high stress decisions that they need to make quickly … so any time you add to what they have to do administratively, that's tough.' A different process is still followed to allow access to virtual courts for victims and complainants. The court says they should get in touch with their local Crown attorney's office or victim witness assistance program. Jasminder Sekhon, director of community engagement, EDI and policy at Victim Services Toronto, said the court should consider updating its policies on that process to make sure it is more accessible and survivor-informed. Story continues below advertisement 'Not just the victims should be able to apply, but also people should be able to apply on their behalf,' Sekhon said, adding that people who support survivors should also be considered to receive virtual access. For Linda McCurdy, a criminal defence lawyer based in Windsor, Ont., adding an extra step to prevent disruptions is a good way to preserve the integrity of the courts. 'I barely notice people in the court, but you really notice people on Zoom when they're doing stuff,' said McCurdy, adding that people tend to forget about formalities when calling in from their own homes. 'If you want to come and watch the proceedings, come to the court, come sit in the court. That's the way it's always been.'
Toronto Star
29-04-2025
- Politics
- Toronto Star
Specialized cyber crime prosecution teams coming to Ontario
New specialized teams will take charge of prosecuting cyber and cryptocurrency crimes as the province also moves to boost the number of judges to help clear a backlog of criminal cases, Attorney General Doug Downey announced Monday. 'We're creating the first cryptocurrency and crime prosecution team in Canadian history, right here in Ontario,' Downey said. 'We're leading the charge across the nation, expanding the efforts and taking meaningful steps to protect Ontario.' Cyber crime, he added, 'has exploded in this province.' The cyber teams will work with police and 'be laser-focused on holding offenders accountable, while stronger and more efficient courts will support victims of crime and keep our communities safe,' Downey said. ARTICLE CONTINUES BELOW The government plans to appoint 17 additional judges to the Ontario Court of Justice, and to streamline and expedite the process by establishing a pool of potential candidates. 'The Ontario government is proposing changes to improve public safety by getting tough on crime and putting violent, repeat offenders behind bars. The proposed changes, including new legislation to be introduced later this week, would strengthen the courts' ability to deal with serious crimes by streamlining the judicial selection process,' the government said in a written statement. It would also 'require the Judicial Appointments Advisory Committee to consider criteria set out by the attorney general when reviewing and evaluating judicial candidates.' For Boris Bytensky, president of the Criminal Lawyers' Association, 'the proposals seem to be better than the rhetoric, to be perfectly blunt about it.' 'I think that there is definitely some potential for positive outcomes based on these proposals, and there's no doubt that having additional resources, such as more judges, put into our system is a good thing,' Bytensky said. 'If you have specialized units and prosecutors who are able to get to to prosecute those cases more effectively, more efficiently, that that's good for the system.' ARTICLE CONTINUES BELOW ARTICLE CONTINUES BELOW However, he added, the government needs to ensure judicial appointments are balanced, taking from the ranks of both Crown and defence lawyers. Right now, there has 'been an overwhelming shift in emphasis to appoint as many Crown prosecutors as possible, undoubtedly with a view of sending this message that we're going to be appointing Crowns and we're going to be tougher on crime,' he said, adding that can drain prosecution offices of experienced counsel and deter defence lawyers from staying in the system. Bytensky also said the system could use additional funding in all areas, including for Legal Aid, 'or you're going to end up in the system that we have now, where you have a very large number of self-represented individuals that grind the system to a halt. If you only focus on funding part of the justice system, then the system won't work anyway.' Politics Headlines Newsletter Get the latest news and unmatched insights in your inbox every evening Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. Please enter a valid email address. Sign Up Yes, I'd also like to receive customized content suggestions and promotional messages from the Star. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy. This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Politics Headlines Newsletter You're signed up! You'll start getting Politics Headlines in your inbox soon. Want more of the latest from us? Sign up for more at our newsletter page.
Hamilton Spectator
29-04-2025
- Politics
- Hamilton Spectator
Specialized cyber crime prosecution teams coming to Ontario
New specialized teams will take charge of prosecuting cyber and cryptocurrency crimes as the province also moves to boost the number of judges to help clear a backlog of criminal cases, Attorney General Doug Downey announced Monday. 'We're creating the first cryptocurrency and crime prosecution team in Canadian history, right here in Ontario,' Downey said. 'We're leading the charge across the nation, expanding the efforts and taking meaningful steps to protect Ontario.' Cyber crime, he added, 'has exploded in this province.' The cyber teams will work with police and 'be laser-focused on holding offenders accountable, while stronger and more efficient courts will support victims of crime and keep our communities safe,' Downey said. The government plans to appoint 17 additional judges to the Ontario Court of Justice, and to streamline and expedite the process by establishing a pool of potential candidates. 'The Ontario government is proposing changes to improve public safety by getting tough on crime and putting violent, repeat offenders behind bars. The proposed changes, including new legislation to be introduced later this week, would strengthen the courts' ability to deal with serious crimes by streamlining the judicial selection process,' the government said in a written statement. It would also 'require the Judicial Appointments Advisory Committee to consider criteria set out by the attorney general when reviewing and evaluating judicial candidates.' For Boris Bytensky, president of the Criminal Lawyers' Association, 'the proposals seem to be better than the rhetoric, to be perfectly blunt about it.' 'I think that there is definitely some potential for positive outcomes based on these proposals, and there's no doubt that having additional resources, such as more judges, put into our system is a good thing,' Bytensky said. 'If you have specialized units and prosecutors who are able to get to to prosecute those cases more effectively, more efficiently, that that's good for the system.' However, he added, the government needs to ensure judicial appointments are balanced, taking from the ranks of both Crown and defence lawyers. Right now, there has 'been an overwhelming shift in emphasis to appoint as many Crown prosecutors as possible, undoubtedly with a view of sending this message that we're going to be appointing Crowns and we're going to be tougher on crime,' he said, adding that can drain prosecution offices of experienced counsel and deter defence lawyers from staying in the system. Bytensky also said the system could use additional funding in all areas, including for Legal Aid, 'or you're going to end up in the system that we have now, where you have a very large number of self-represented individuals that grind the system to a halt. If you only focus on funding part of the justice system, then the system won't work anyway.'
