Law Times

Page 10 May 30, 2016 • Law TiMes www.lawtimesnews.com Video link access to clients a time saver BY YAMRI TADDESE Law Times A plan to launch a pilot project that will give law- yers video link access to their clients in Ontario jails is being hailed for promot- ing efficiency, but questions loom around what's lost when counsel don't sit face to face with inmates. The pilot project, which the province is expected to launch in the next few months, will mean less travel time and mileage costs for lawyers representing clients in remote jails, according to Antho- ny Moustacalis, president of the Criminal Lawyers' Association. "We're excited about it," Mous- tacalis says. "That doesn't replace face-to-face meetings, which are important and ensure human contact, but given the locations of some of the jails and the frequency of lockdowns as well the need to review a large amount of mate- rial, it would be helpful to be able to [have video access to clients]," he adds. Moustacalis says it typically takes him about an hour to drive from his downtown office to visit a client in jail. "I went to the Lindsay jail yes- terday to see somebody and it's almost two hours, an hour and 45 minutes with traffic," he says. "And if it's a legal aid file, Legal Aid [Ontario] doesn't compensate you for travel time or mileage like they use to in the late '80s and early '90s." But on the flipside of video ac- cess is less intimacy and human contact, says criminal lawyer Sean Robichaud. "There's some interesting pros and cons that come from this," he says. "With innovation and technology, the more convenient it can be for lawyers to provide services, and that's a good thing," Robichaud says. But he worries the lack of face-to-face interaction with inmates will only exacerbate what he calls "the dehumaniza- tion of prisoners." "Without having that intim- acy of human contact, it becomes very easy for people to lose hu- man empathy and understanding of the plight of accused people," he says. "Suffering doesn't look the same on the screen as it does when someone is brought in to bail court. I think that affects the results, and it's not a good thing from a justice point of view." A spokesman for the Ministry of Community Safety and Cor- rectional Services says the minis- try "considers an inmate's access to justice to be vital." "In collaboration with the Ministry of the Attorney Gen- eral we are currently evaluating all technology available that will support video access to the ac- cused. There has been consulta- tion with the defence bar as part of this process, along with the other key justice participants," said the spokesman. With lawyers discussing con- fidential matters over video link, there are also concerns with sec- urity and surveillance, Robichaud says. "No matter how you look at it, there's still going to be a certain distrust with any type of video discussions that are being broad- cast, especially in this day and age where there seems to be very little limits and checks and balances around what can and can't be sur- veilled," he says. It's not uncommon for surveil- lance agencies to eavesdrop on conversations between lawyers and accused individuals in terror- ism cases, for example, Robichaud says. "Unless you're there sitting with the client, you're always going to have a moment of distrust." Robichaud concedes video ac- cess would create efficiency, but "justice requires more than effi- ciency and that's the thing that's being lost in all of this," he con- tinues. Robichaud also doubts law- yers will become more available to their clients if it means they don't have to drive for hours to do so. "It's not meant to be a chat network for lawyers and clients. Lawyers are professionals and they'll see people when they need to," he says, adding lawyers already make the effort to see their clients as frequently as they're required to. Even if a video link is available, "we're still not going to waste our time because it's more or less con- venient," Robichaud also says. Moustacalis says he is ap- proaching the province with his own similar initiative to allow remote court appearance by law- yers whenever the issue requiring appearance is administrative in nature. He says lawyers can e-mail information to the clerk's office or telephone in instead of showing up for very simple matters. Remote appearances are avail- able in Saskatchewan and Alberta, Moustacalis says. In Saskatch- ewan, lawyers sign an undertak- ing promising to call the court- house at a set time, and they will lose their spot if they're late, he adds. "I did a bail hearing in Sas- katchewan over the phone. It was consent release and I did subse- quent appearances by telephone," Moustacalis continues. Some judges here in Ontario allow lawyers to phone in for judi- cial pre-trials, but sometimes there is only one available telephone line, and if one of the lawyers books it, it means the other coun- sel has to attend in person. "Simple technology could go a long way, but it's a matter of co- ordinating it. Some judges still want lawyers to show up in person, which I understand to a degree because let's face it, 80 per cent of communication is non-verbal," Moustacalis says. "But if it's pure- ly an administrative appear- ance, [to say] 'Yes, I've got 10 witnesses, we need three days of court time,' then I don't see why you need to appear for that." LT FOCUS Anthony Moustacalis says a forthcoming pilot project will mean less travel time and mileage costs for lawyers representing clients in remote jails. This is more than a phone book. It is your instant connection to Canada's legal network. 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