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By Paul Russell, LegalMatters Staff • While the coronavirus lockdown disrupts courtrooms across the country, it can be hoped a more efficient and less costly judicial system will emerge after it is over, says Brett Harrison, the new president of the Toronto Lawyers Association (TLA).
“The bench and bar have been trying for years to get technological investments made to the justice system, but the pace has been glacial. The crisis has forced the government, and the profession, to come up with new ways of operating that will increase the efficiency of the justice system while reducing costs and increasing access,” he tells LegalMattersCanada.ca.
“Lawyers are not known for being early adopters of technology, but now we have no choice,” he says.
Harrison notes Ontario Superior Court Chief Justice Geoffrey Morawetz has been urging the law community to embrace virtual hearings and remote access for years.
“Courts have been trying to move the system toward greater electronic access,” he says. “Now that this is happening, it will be especially good for lawyers in remote communities who don’t have to travel to the courthouse to file pleadings.”
Electronic access good for everyone
Due to the pandemic, Harrison says the legal profession has been forced to do more electronic filing and to conduct virtual hearings online.
“All these things will hopefully lead to a court system with great electronic access, which will hopefully lead to greater access for everyone and reduced costs,” he says.
Since 2017, lawyers have been able to utilize Court Call, a video conference system that allows them to attend to Civil Practice Court proceedings, Commercial List Chambers matters and Estates List appointments.
“Even though that has been an option, people have not been using Court Call as much as they should. It allows lawyers to stay at their desks until they are called, go online for 10 or 15 minutes, then get back to work,” Harrison says.
“Scheduling takes a lot of time. You could have 30 lawyers standing in a room waiting to set a date, which is not a great use of resources.”
Likewise, he says motions in writing have been underutilized, though they are now growing in popularity.
“In other jurisdictions, many interlocutory matters are dealt with in writing. An expansion of motions in writing in Ontario would help with costs and access,” Harrison says.
The high cost of litigation is a real issue for many people in the province, he says, noting that going to court “is just too expensive for the average person.”
Access to justice crucially important
“I really think we need to be doing more to ensure everyone has access to our judicial system because currently, they don’t,” Harrison says. “In a democracy, if only people with financial resources can go to court, that is a real problem. But now we have an opportunity to create efficiencies in the system.”
Driven by his personal desire to ensure that everyone has access to justice, Harrison has worked for years with Pro Bono Ontario, an organization also transformed by the lockdown. Before the COVID-19 virus, it had a call centre where lawyers would dispense legal advice.
“Those calls are now handled remotely, using Salesforce software, which means lawyers can work from their homes or offices,” he says.
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The flexibility the new system offers should attract more volunteers, he says, adding “I can’t imagine a single lawyer who can’t spare our two or three hours a month to help out with Pro Bono Ontario.”
Encouraging innovation and attracting those new to the profession are components of the TLA’s long-term strategic plan, Harrison says.
“As part of our efforts to grow the membership base, we want to focus on younger lawyers who need support, as many are going into sole or small practices straight out of law school, and they would benefit from professional mentoring,” he says.
As he launches into his term as president, Harrison said he is looking to continue the organization’s efforts to represent all lawyers from across the Greater Toronto Area.
“We have been pushing very hard to get the voice of the Toronto bar heard, in areas such as the development of courthouses and legal aid, along with improving the efficiency of the judicial system,” he says. “With COVID-19, this is really an opportunity for us to really focus on innovation which will assist our membership.”
