I will go first, if I could.
I've dealt with multiple matters over Zoom, everything from peace bonds to murder prelims over the past year. There were very serious cases, including sexual assault cases. I did one case where I was the only person on Zoom. Everybody else was in the courtroom.
The problem isn't the technology. It's a tool, and used properly, it can be used very well. Counsel can now appear in Attawapiskat on a Tuesday. They couldn't otherwise because it would take them three days to get there and get home.
Here's the problem. We have a charter right to retain and instruct counsel. The “retain” part seems to have gone sideways because we have an enormous number of self-represented litigants, both in civil and criminal cases. The problem isn't really what technology you use. Impoverished people may not have MacBook Pros to come to court via. That, of course, is a very serious issue, but the most serious issue is that they don't have a lawyer.
Legal aid has been so dramatically cut—in Ontario by one-third—and not topped up by the federal government, particularly, as you know, in the criminal context for many years, that we have thousands and thousands of people who are self-represented in the system.
This is enormously problematic for delay. If you're trying to speed things up, believe it or not, there are some circumstances where lawyers are actually helpful. One of them is in the criminal justice system, because if you don't know what you're doing, it's going to take much longer. Of course, the judge has to effectively become your surrogate lawyer by explaining every step of the procedure, every step of the way, and presenting all of the evidence because you're not effectively able to admit it.
Legal aid is a critical issue. It's much more critical than whether you're appearing in person, on Zoom, on Teams or whatever format you want to use.