Issues with Virtual Proceedings

As a result of the COVID-19 pandemic, many legal proceedings were conducted virtually through video conferencing platforms like Zoom to comply with social distancing measures. Even as the pandemic comes under control, the legal system is likely to continue with some level of virtual proceedings. However, the use of such platforms has also raised several legal issues that must be addressed in the post-pandemic world.

Privacy and Security

One of the significant legal issues with using video conferencing platforms for legal proceedings is privacy and security. While virtual proceedings are convenient, they raise concerns about unauthorized access to meetings and recordings. The Law Society of Ontario has issued guidelines for lawyers and paralegals to follow, including using secure platforms, allowing only authorized participants to attend, and obtaining participants' consent to record meetings.

Access to Justice

Another issue is the potential impact on access to justice. Virtual proceedings may not be accessible to everyone, particularly those without reliable internet or technology. This could lead to a situation where some people are unable to participate fully in legal proceedings, resulting in a lack of access to justice. The legal system must ensure that virtual proceedings are accessible to everyone, regardless of their socioeconomic status.

Fairness of Proceedings

Another legal issue with video conferencing platforms is the fairness of proceedings. Cross-examination is a vital part of legal proceedings, but it can be challenging to do effectively when participants are attending virtually. Observing a witness's body language or assessing their credibility can be difficult when they are attending virtually. The legal system must find ways to ensure that all participants have equal opportunities to present evidence and cross-examine witnesses, whether attending virtually or in person.

The legal system must find ways to ensure that proceedings are secure, accessible to everyone, and fair for all participants. This way, it can continue to adapt to the modern world while upholding the principles of justice and fairness.

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