By Alexander Mulligan
Last week, Doug Downey, the Attorney General for Ontario, announced that Ontario Courts would be piloting a new software to modernize the justice system. The platform, Caselines, is a document and evidence file-sharing software that is used around the world. Caselines stores documents on a cloud-based server, and uses machine learning to quickly identify, redact, and share documents.
In the UK, the number of trials has been cut in half due to Caselines. UK Prosecutors estimate that Caselines makes assembling a case for discovery and hearings up to 80% faster. This all sounds great, so how does Caselines work?
Let’s look at the file-sharing process now. Once you receive your evidence, you'll have to assemble binders of evidence by hand. You'll have to create physical binders of evidence. A binder will have to be made for yourself, the judge, and opposing counsel. When the judge or opposing counsel receives these copies, they often have to reproduce them for their team and spend time flipping through binders of evidence. If notes are made after binders have been sent out, notes would have to be copied and introduced into the evidentiary record. If a new piece of evidence is found, the process repeats. Reviewing documents, redacting by hand, and assembling documents takes time and money.
Caselines streamlines the file-sharing process. The evidentiary record (police reports, eyewitness statements etc.) is uploaded online. Then using artificial intelligence, the program will redact certain portions of the text (yes, the program even identifies bad handwriting). Instead of creating multiple binders of redacted and unredacted documents, counsel can set security permissions to limit who can see what documents, notes, and redacted sections. Files are then shared instantly to opposing counsel and the judge through email. Judges and counsel can add comments, upload new documents, and make requests through the platform. There’s no need for copying and producing heavy binders of paper documents. The added benefit of having an online platform means that sound, picture, and video evidence can be stored all in one spot. The documents are searchable too, resulting in less time spent looking for documents. Everything is in one place, assembled, and shared quickly.
What makes Caselines unique is the digital comments you can make. Requests – like pushing a hearing back – can be made through the software for opposing counsel and the judge to see. Opposing counsel can consent to these motions through the platform, saving the need for a trial. The ability to communicate through the platform with opposing counsel and judges has been credited with reducing the number of pretrial hearings in the UK.
Reducing the number and length of trials improves access to justice. Fewer trials save clients time and money while making the entire process less complex. Before Ontario goes ahead with Caselines, some questions need to be asked and answered.
Before Ontario goes ahead with Caselines, some questions need to be asked and answered.
User Privacy
Any cloud-based file sharing runs the risks of being hacked and having data and documents stolen. Caselines website says it “allows courts to take control of their security processes to ensure the confidentiality, integrity, and availability of court records.” What will that look like in Ontario? Specifically, what will be done to assure clients their data is safe? I’ll be looking for more information in the coming weeks about how long data is stored for, what their encryption process is like, and what security features are available to users and courts. Importantly, I’ll be looking for what happens in the event of a data breach.
Device security
Caselines shares files with users’ emails. That means counsel and judges will be able to access documents from any device, anywhere in the world. If your device is stolen, presumably someone could have access to sensitive court documents. Thus, what will be the deice requirements in terms of password protection, encryption capabilities, and two-factor authentications? What happens if your device is stolen?
Self-represented litigants
What happens to self-represented litigants if Ontario adopts Caselines? In family law, upwards of 80% of people who file claims in urban centres are self-represented. Will there be education for self-represented users, and what assistance will courts provide to them, if any at all? Presumably, Caselines will require certain technological capabilities, what if people don’t have access to a reliable form of internet, or computer?
Overall, Caselines presents a great opportunity to help digitize and modernize our court process, while improving access to justice. I look forward to seeing how the pilot process goes!