We acknowledge that this procedure is conditional on consent. However, we have to recall that section 715.221 that is created in Bill S‑4 provides that the judge must give written reasons for denying video appearance and must include those reasons in the record. If the request is denied, there must be a justification. So this is the start of a move toward an application that is solely conditional on consent.
There is the case of parties who are not represented by counsel and who might sometimes agree to it without knowing the consequences.
Again, we are not opposed to video appearance. However, apart from that, the most important point we want to make is that we want to make sure the process is carried out in accordance with the rules and that all guarantees are provided, whether they be technological or under the Canadian Charter of Rights and Freedoms. We have to make sure that everything is respected.
What we are doing is codifying, making certain measures that we adopted temporarily during COVID-19 permanent. We may not have studied all the potential consequences and possibilities. It also calls for an effort to obtain data and statistics that might reassure the legal community.