By Rachelle Paquet
Can you think of anyone or anything across the globe that has not been affected by COVID-19? I cannot. For better or for worse, COVID-19 has left its imprint on the environment, the economy, wildlife, people, and the standard processes we use for practically everything in our daily lives. The processes we knew just two months ago - for working, learning, travelling, shopping, gathering, socializing, exercising, celebrating, mourning, seeking medical treatment, and cleaning - have all drastically changed. Even the justice system has not been immune to changing its relic processes.
On March 17, 2020, due to the Declaration of Emergency, Ontario courts halted all in-person attendances to prevent the spread of COVID-19. Doing so was justifiably the right decision given the present circumstances, but what effect does the decision have on a system that is already experiencing an access to justice crisis? In the interim, it worsens it. The backlog escalates more rapidly as only urgent matters are being heard remotely. Wait, remotely? Yes, remotely! While things are undoubtedly going to get worse before they get better, the courts have finally begun modernizing their processes at a relatively rapid rate. The modernized processes currently include conducting hearings remotely and accepting filings electronically. It’s a start!
It is not just the courts that are responding by adapting their processes, but the entire legal profession. As a former student of the Osgoode Mediation Clinic and a current Research Assistant at the Winkler Institute for Dispute Resolution, I have been fortunate to both witness and contribute to the transition that is unfolding. Specifically, the Osgoode Mediation Clinic has modernized its processes by transitioning from in-person mediation services to an online format as part of its commitment to the access to justice crisis.
As the nonsensical red tape disappears and the justice system catches up to the 21st century, there is an opportunity to emerge into our new normal with processes that truly make an impact on the access to justice crisis. While it took a pandemic to propel the justice system forward, the legal profession is staked with so many of the best and brightest minds that, I am hopeful, will continue to work together on this front. It is working together which has made these far-reaching changes possible.
While a lot remains unknown, this pandemic has provided clear evidence that processes can change and remain effective and that processes should continue to improve as a preventative measure and not only as a response when left with no other option.