Report on Virtual Hearings and Virtual Access: Privacy and Security of Victims and Vulnerable Witnesses Related to Testimony in Criminal Proceedings

The open court principle promotes transparency and accountability of courts by ensuring that hearings and related information are accessible to the public, and open to its scrutiny. The media act as gatekeepers of this principle by reporting on matters for the public’s benefit. But the open court principle also engages a broad range of protected rights and interests that courts must carefully balance to uphold the fundamental values of our justice system and public confidence in the courts. A perfect hearing – namely, one that balances all relevant rights and interests – is not necessarily a perfectly open hearing: regulating access, and in some cases restricting access, is required to achieve this balance.

This report of the Sub-Committee on the Open Court Principle outlines key needs identified in balancing open courts with the rights of victims of crime and vulnerable witnesses in virtual courts in particular, and makes recommendations to the Steering Committee on Justice Efficiencies and Access to the Justice System to address those needs. The report focuses on two key areas: virtual access to hearings involving testimony, and virtual testimony of victims and vulnerable witnesses.

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