. The video hearings resume again in September, with a major case on the federal carbon tax. The court had cancelled its hearings from March through May, because of the COVID-19 pandemic.
Without that direct personal contact, Mr. Meehan says, lawyers and judges lose the nuances. Lawyers can’t read the room and judges can’t read one another. Judges sometimes ask questions just so another judge can hear the answer. Chief Justice Richard Wagner will be in his office, said court executive legal officer Renée Thériault, and the other judges will be connected remotely. Some have been working from home during the pandemic. The court is considering what technology to use, keeping security in mind, Ms. Thériault said.
It won’t be the court’s first use of video. In 1985, it set up videoconferencing in its main courtroom to allow lawyers to make their submissions without travelling to Ottawa. But the technology has not been used frequently in oral argument. “Then the exercise becomes working out how they can find it’s unfair, given all the constraints that the previous cases and the statute and their institutional role put on them,” Mr. Phillips says.Even so, legal observers have questioned whether oral argument matters at appeal courts. Participants usually answer that it does, though only in a limited number of cases, or simply to persuade the judges to frame a case in a new way.
Hopefully not within earshot of a toilet flushing!
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