4.0 Summary and final thoughts

This report began by providing some background to set the context for the interviews with representatives from CACs/CYACs. Virtual testimony did not start with the pandemic. Indeed, virtual testimony has been permitted by the Criminal Code for almost two decades. For the most part, virtual testimony has been approved for vulnerable victims/witnesses – primarily children, but also some adults who were victims of violence such as intimate partner violence or trafficking, or who could have a developmental disability. Section 714 of the Criminal Code also permits testimony from outside the courtroom – audio or video – for reasons of efficiency, cost savings, and ease. This provision might be used for the expert witness who lives in another country and providing testimony virtually makes the most sense. When the pandemic hit, criminal, as well as family and some civil, proceedings went completely on-line. So, while the pandemic is not the cause of virtual testimony, it certainly helped improve awareness around using technology for criminal proceedings, in particular testimony.

A total of 20 interviews were conducted over the summer of 2023. In some instances, there were two or more representatives from the CAC/CYAC and in other cases, there was only one representative. In some cases, information was sent, including photos of the virtual testimony spaces, after the interview. The interviews were recorded and transcribed and the results have been presented thematically in this report.

CACs/CYACs have learned from the experiences of those were already doing virtual testimony. Challenges included funding, technology, specific logistics such as getting exhibits in front of a witness and adult caregivers needing to be in two places at once, and ongoing education and awareness for all criminal justice system stakeholders. Those interviewed were able to offer solutions to many of the challenges raised, such as the need for continuous communication, relationship building and practice with the equipment.

Testifying from outside a courtroom is one of three primary testimonial aids available to all witnesses. And the decision to permit virtual testimony rests with the judge, as do other decisions in the criminal justice process. This is why collaboration, relationships, and education and awareness are so critical to the success of virtual testimony. As seen with other vulnerable victims – victims of intimate partner violence, sexual assault, trafficking, etc. – the criminal justice system itself is not designed to meet their needs and it has taken years of advocacy and raising awareness amongst system players to aim for a more trauma-informed system.

When applying an access to justice lens to virtual testimony, it is important to remember that there is still a digital divide in Canada, and in other industrialized countries. While it is the CAC/CYAC that is responsible for the high-speed, reliable internet service, there can still be reluctance on the part of some criminal justice professionals of relying on technology, that they themselves do not use. Other challenges with virtual testimony and virtual hearings are privacy and cybersecurity, and the quality and reliability of the technology itself.

In April 2023, a women’s shelter in Calgary, Homefront, announced that it had set up a virtual testimony room on site.Footnote 18 It will be interesting to monitor the expansion of this approach to testimony in Alberta which has set up several pilot project for testimony from vulnerable victims/witnesses. While virtual testimony from a space outside of the courthouse is still relatively limited, there is no doubt that the commitment of CACs/CYACs to virtual testimony from their dedicated spaces will facilitate the growing acceptance of this practice in the years to come. As the practice grows, it will be equally important to undertake outcome evaluations to learn about the impact of using virtual testimony from CACs/CYACs and other locations that support victims.