Zoom bombing causes some Ontario courts to ban public from attending virtually

An increasing number of Zoom bombings infiltrating Ontario courtrooms now means the public is banned from attending proceedings virtually.

On Wednesday, Assistant Deputy Attorney General Katie Wood sent a memo to court staff across the province saying "the public will not be permitted to observe proceedings virtually" in the Ontario Court of Justice. 

"If the public would like to attend, they will be required to do so in person," the memo said. 

The Ontario Superior Court of Justice will continue to allow members of the public to request access to observe proceedings virtually.

Virtual court hearings became commonplace during the COVID-19 pandemic that set in over five years ago, and since then, more concerns have been raised about Zoom bombings. Typically, it's when participants in a video conferencing meeting have had their screens hijacked by someone who's placed words and images on the screen or disrupted the call's audio. 

Wood's memo noted there's been a notable rise in "Zoom-bombing incidents ... involving offensive content and targeted behaviour that have disrupted court proceedings."

Gytis Pabedinskas, a Windsor defence lawyer, has been in court on two occasions when Zoom bombers appeared.

"When the account went in, it started playing a pornographic [video] as well as had some audio playing where it was calling the judge an N-word," said Pabedinskas.

Even though these incidents are disturbing, local defence lawyer Laura Joy said the courts could have better utilized technology to prevent interruptions instead of instituting a virtual ban for the public.

"I understand why they're doing it, but I'm very hopeful that everybody will keep in mind the fundamental cornerstone of Canadian justice is transparency and open courts to the public," said Joy.

Concerns over removing public virtual access

Noel Semple, an associate professor in the University of Windsor's faculty of law, also said removing the public's virtual access to courtrooms is problematic.

"The open court principle is quite foundational in the Canadian legal system. Justice is not supposed to be in private, in darkened back rooms. It's supposed to be done in public. We should be doing everything we can to honour that principle."

Victims or complainants who want to appear virtually for their court matters must seek prior approval, Wood's memo says. The media also must get permission before observing court virtually.

The memo goes on to warn court staff about "Zoom bomber tactics," such as them posing as correctional institutions, interpreters or even police departments.

In a statement, a spokesperson for the Ministry of the Attorney General noted the Ontario Court of Justice observer policy is available online and members of the public are permitted to attend court, in person. 

'Come on down to the courthouse'

Defence lawyer Linda McCurdy applauds Zoom access being removed for observers.

McCurdy has been practising law for nearly 30 years, while virtual court only materialized in recent years.

"I don't view it at all as restricting or taking away something," she said about Wood's announcement.

"It's making sure that the court process is protecting from the kind of stuff that's going on.

"If you want to participate, if you want to view, come on down to the courthouse," she added.

Since the pandemic, she's seen formalities slip.

McCurdy said she's been in court when witnesses attending virtually are laying in bed or walking their dog, or an observer was heard going to the bathroom.

"They don't really take it seriously."