Accessing justice in criminal courts during the COVID- 19 pandemic : The transition to virtual courts

In Canada, the COVID-19 pandemic necessitated an unprecedented closure of criminal courts. The Ontario government's solution to these physical closures was to conduct proceedings virtually. Long touted as a way to expand access to justice, some have raised concerns that the use of audiovisual technologies will in certain respects actually decrease access to justice. This research thus sought to understand how the pandemic- era migration to a virtual environment impacted access to justice, conceived narrowly as the ability to access courts and lawyers. This research employed ethnographic methods in Ontario's criminal courts. It found that while the transition to a virtual environment could contribute to greater access to the courts for a majority of defendants, it also complicated access for those living in rural areas, those who were self-represented or those who were incarcerated pending trial. This article explores these issues before discussing the post-pandemic future of these technologies in criminal courts.