The ceremony, which took place at Osgoode Hall, featured remarks from a number of dignitaries, including Ontario Chief Justice Michael Tulloch, Ontario Superior Court Chief Justice Geoffrey Morawetz and Ontario Court of Justice Chief Justice Sharon Nicklas, as well as Attorney General Doug Downey, Lieutenant-Governor Edith Dumont and Law Society of Ontario (LSO) treasurer Peter Wardle.
The opening of the courts is a historic occasion, said Chief Justice Tulloch.
“Once a year, judges from all levels of courts come together to reaffirm our commitment to a strong and independent judiciary, to redouble our promise to enrich and enhance public confidence in the administration of justice and to reassert our pledge to uphold the rule of law for the people of Ontario,” he said.
The three chief justices highlighted a number of successes in their courts over the past few years, particularly in areas like digital and technological modernization, accessibility and increased openness to the public.
Chief Justice Tulloch said province-wide accessibility is also being enhanced by installing improved video technology in courtrooms to better accommodate remote and hybrid hearings.
“During the COVID-19 pandemic, we learned much about remote hearings. While not ideal in all circumstances, they can provide access to justice, particularly for routine procedural matters, and for people in remote communities,” he said. “New video equipment being installed at the Court of Appeal and other courtrooms across the province in partnership with the Ministry [of the Attorney General] will also advance the quality of these hearings.”
Chief Justice Morawetz said it was a challenge to adopt new technologies during the height of the pandemic but noted the court’s cloud-based document-sharing platform, CaseCentre, allowed it to share electronic material in virtual and hybrid hearings during the pandemic’s restrictions and has “now become an essential and mandatory step forward towards our modernization.” He also said courtrooms should be fully equipped with technological improvements like professional-grade cameras and integrated audio by the spring of 2026.
But despite the positive vibes, the participants also addressed pressures on the judicial system, which continue to be a problem now and into the future.
Chief Justice Morawetz spoke of issues affecting family law in the province, particularly with self-represented litigants. He said it is critical to ensure that the court is provided with the necessary resources to support those individuals through the family justice system.
“Last year, our court received nearly 40,000 new family cases,” he said. “We recognize that more than any other area of the law, many of these litigants come to our court representing themselves, and we also recognize that these matters can be traumatizing, disruptive and stressful, given the impact these decisions have on so many families in our province.”
And Chief Justice Nicklas also noted the pressures her court has been put under when dealing with criminal cases.
“There is also an overall lack of proportionality and procedures with cases generally being treated the same and proceeding in the same manner, regardless of their complexity, seriousness and the needs of the individuals involved,” she said. “Delays and inefficiencies have also been linked to the over-representation and over-incarceration of vulnerable and marginalized individuals, particularly Indigenous Peoples and racialized groups.”
A key item is to ensure that court appearances are meaningful, said Chief Justice Nicklas, and that the time spent by everyone working in the justice sector involves meaningful engagement for all justice participants, particularly the most vulnerable.
“There is an urgent need to create justice system stability, which is focused on improvements that are user-focused with a reduction in the number of appearances and the time to disposition,” she said. “This goal stretches across criminal family and Provincial Offences Act matters specifically for the criminal justice system.”
There is also an ongoing duty to ensure access to justice, Chief Justice Morawetz said.
“That means everyone has the equal protection and benefit of the law. We recognize that justice must not only be done but must be seen to be done,” he said. “An open court ensures that everyone is welcome to observe court proceedings to see how judges apply the law and make decisions. This principle is critical to building and maintaining confidence in the administration of justice.”
Ontario Attorney General Doug Downey said the government and the courts have been steadfast partners through the court modernization process and efforts to improve access to justice in the province.
“But we’re not done yet, and nobody’s pretending we are. But we have done some good work so far, and there is more to come,” he said. “We have to embrace technology and modern processes because people in the 21st century expect and deserve it.”
Click here to view the full Opening of the Courts 2024 ceremony on YouTube.
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