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NEWSLETTER – Fall 2024

This past quarter, the Action Committee on Modernizing Court Operations published five guidance documents on topics ranging from Indigenous practices in the courts to the use of artificial intelligence by courts and court users to judicial dispute resolution. It also updated a repository of tools and resources on virtual and hybrid hearings and court services that was originally developed in the context of the COVID-19 pandemic.

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RECENT PUBLICATIONS

• Repository of Indigenous Practices in the Courts: Incorporating Indigenous practices in the courts creates space for Indigenous identity to be honoured, fosters innovation, and enriches modernization efforts. Building on the Action Committee’s Indigenous Practices in the Courts publication, this non-exhaustive repository provides additional concrete examples of Indigenous practices being incorporated in courts across the country.

• Demystifying Artificial Intelligence: This document aims to foster a common understanding of key terms and fundamental concepts surrounding AI. It outlines general ways in which AI can be used by either the court or its users, briefly describes specific tools that courts may have heard of, and covers basic definitions of AI.

• Use of AI Tools by Courts to Enhance Court Operations: This document examines benefits and challenges, sets out guiding principles, and highlights key steps in the adoption of AI tools by courts. It focuses on AI tools used for administrative or legal research and analysis purposes, rather than on AI tools and issues related to decision making, evidence, electronic disclosure or substantive law.
• Use of AI Tools by Court Users to Help them Participate in Court: This document examines the benefits and challenges of using AI by court users to assist them in participating in court proceedings. It addresses considerations relevant to 1) the development and monitoring of guidelines by courts on the subject, and 2) responsible use of AI by court users.
• Improving Access to Justice through Judicial Dispute Resolution: Judicial Dispute Resolution (JDR) and Alternative Dispute Resolution (ADR) play a critical role in modernizing court processes by both reducing backlog and delays and increasing access to justice for litigants, especially self-represented parties. This resource highlights common elements of successful JDR and ADR initiatives across Canadian courts and provides insight into proactive judicial involvement, simplified processes, and early intervention strategies. It also includes practical guidance on design and implementation, with examples of successful models from across the country, to support courts that wish to implement or expand JDR or ADR programs.
• Virtual and Hybrid Hearings and Court Services: Tools and Resources (updated): As technology in the courts continues to evolve, this repository has been updated to reflect new and current tools and resources to support the effective rollout of virtual and hybrid hearings and court services. It includes descriptions of tools, and links to resources from Canadian and foreign courts, tribunals, and justice stakeholders.

WHO WE ARE

The Action Committee on Modernizing Court Operations is a national leadership body that supports Canada’s courts in their modernization efforts. The Committee provides non-prescriptive, practical guidance for addressing challenges, and highlights opportunities and innovative practices to modernize court operations and improve access to justice for court users at all levels of Canadian courts, in all types of court matters. It also identifies areas of further study that may interest policymakers, academics, and training providers in the field of court operations.

The Action Committee is co-chaired by the Chief Justice of Canada, the Right Honourable Richard Wagner, and the Minister of Justice and Attorney General of Canada, the Honourable Arif Virani. Its members include senior representatives of the judiciary and ministries responsible for Justice from various Canadian jurisdictions. The Committee is supported by an Indigenous Advisory Group to enrich the Action Committee’s work by ensuring that Indigenous perspectives are accurately reflected, and a Technical Working Group to ensure that national perspectives are reflected.

The Action Committee welcomes feedback, and relies upon collaborative information sharing, to inform its work on relevant topics. Contact us at AC-secretariat-CA@fja-cmf.gc.ca.