

Access reports from the committee chaired by Justice Thomas Cromwell:
Backgrounder
Report of the Court Processes Simplification Working Group | French
Report of the Access to Legal Services Working Group | French
Report of the Prevention, Triage and Referral Working Group | French
Report of the Family Justice Working Group | French
The ongoing leadership of the Chief Justice of Canada Beverley McLachlin to raise issues relating to improving access to justice for all Canadians has done much to focus the attention and the energies of many who work within the justice system. The National Action Committee on Access to Justice in Civil and Family Matters has emerged as a voice for system wide improvements. The Action Committee is focused on fostering engagement, pursuing a strategic approach to reforms and coordinating the efforts of all participants concerned with civil justice. To learn more about this project please see Chief Justice McLachlin’s speech from the 2012 Canadian Bar Association Council Meeting.
The Canadian Forum on Civil Justice is pleased to play a support role in the execution of research and dissemination activities for the National Action Committee on Access to Justice in Civil and Family Matters.
One of the opening sessions of Legal IT 7.0, today in Montréal: Patrick Cormier, CCCT’s CEO, addresses electronic signatures.
A clear definition: « A signature is a permanent mark related to an object, a document or electronic data that is:
• associated with a specific person;
• unique to the person;
• proof of an implicit or explicit intention underlying the signature. »
Caution to jurists out there: The signature’s reliability and quality ≠ legal validity of the signature
So… what is an ideal signature? « A signature presenting high levels of reliability and convenience. Achievement of an ideal signature in the electronic world is not easy. With the present state of technology, and inverse relationship exists between convenience and reliability. »
How do we choose an electronic signature solution? The following steps are suggested.
For the complete presentation, be sure to visit the Legal IT 7.0 website (documents and PowerPoint presentations available soon).
Thank you all for attending in person or online; the second edition of the Canadian Forum on Court Technology, co-hosted by the Association of Canadian Court Administrators and the Canadian Centre for Court Technology, was a success! Read the closing address from Judge Shira A. Scheindlin, U.S. District Court Judge, Southern District of New York.
Video recordings available soon at www.modern-courts.ca.
Recommended Articles:
Canadian Court Technology Is ‘Abysmal’ – The Canadian Press, October 28, 2012
For those of you who have attended the Forum 2012 last October, you’ve had a glimpse of the drafted guidelines. We’re happy to announce the official publication of the Use of Electronic Communication Devices in Court Proceedings, prepared by the Social Media Intellaction Working Group.
“These Guidelines are founded on the “open courts” principle, which requires transparency and accountability in the judicial system to foster public confidence in the administration of justice.”
Additionally, you may be interested in a Canada-wide overview of the Policies on Live Text Based Communications. Furthermore, The Telegram’s article Twitter’s double-edged sword mentions addresses the topic at hand.
The issue of APPs did not come up at any of the sessions that I attended at the Canadian Forum for Court Technology but that does not mean courts are not thinking about the how to exploit this information.
There maybe users of very specific information on court websites that would love an app to give them this information. Michael Fekete has written a piece “App developers take notice: privacy guidelines for mobile apps released” that provides an update on the policies affecting apps and privacy concerns.
Serving self represented litigants was a focus of the Canadian Forum on Court Technology, and therefore the news of the proposed changes at the Federal Court, as reported by Michel Adrien Sheppard in his article Federal Court Committee wants to change rules to stop nuisance suits and help self-represented litigants will be worth watching. The recommendations can be found in the Subcommittee on Global Review of the Federal Courts Rules: Report of the subcommittee / Le sous-comité sur l’examen global des Règles des Cours fédérales: Rapport du sous-comite.
19. The Federal Courts should make better use of their websites to enhance access to justice, particularly by self-represented individuals. Measures include creating unofficial, non-legal user-friendly summaries and checklists concerning frequently-used procedural steps such as motions and appeals, providing pdf versions of the Forms that users can type into, and giving guidance, especially to self-represented parties, concerning the most appropriate and effective ways of conducting of litigation. p. 38
The White and Case Client Alert (July 2012) provides an update on the court’s acceptance of computer-assisted document review.View the complete article here.
“The decisions in Da Silva Moore and Global Aerospace do, however, represent a definitive trend in litigation towards greater efficiency and cost-effectiveness through the use of technology. These courts’ decisions explicitly recognize that computer-assisted review is a viable document discovery technology which can be effective to limit a litigant’s cost of complying with discovery obligations that have expanded exponentially as the prevalence of electronically stored information in everyday life has exploded.“
Can anyone comment on the use in Canada, of these tools and court acceptance?