Canadian Lawyer

June 2020

The most widely read magazine for Canadian lawyers

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Page 2 of 51 1 EDITOR'S DESK UPFRONT EDITORIAL Editor-in-Chief Tim Wilbur Senior Editor Elizabeth Raymer Associate Editor Aidan Macnab Production Editor Patricia Cancilla Writers Anita Balakrishnan, Bernise Carolino, David Kitai CONTRIBUTORS Neill May, Earl Cherniak ART & PRODUCTION Art Director Marla Morelos Lead, Media Production Coordinator Catherine Giles Production Coordinator Kim Kandravy Global Production Manager Alicia Chin SALES & BUSINESS DEVELOPMENT VP, Media and Client Strategy Dane Taylor Sr. Business Development Manager Steffanie Munroe Business Development Manager Lynda Fenton Business Development Manager Catherine Reale National Account Executive Abhiram Prabhu CORPORATE President Tim Duce Events and Conference Manager Chris Davis Chief Information Officer Colin Chan Human Resources Manager Julia Bookallil Global CEO Mike Shipley Global COO George Walmsley EDITORIAL INQUIRIES SUBSCRIPTIONS Keith Fulford tel: 416 649-9585 • fax: 416 649-7870 ADVERTISING INQUIRIES S oon after the pandemic hit Canada, the justice system ground to a halt. Courts closed their doors; trials were delayed and routine legal processes stopped. While social distancing requirements created many operational challenges for law firms, delays in the justice system were an even bigger headache for clients. Just when the delays were at their worst, a calm voice emerged from the chaos — Civil Resolution Tribunal chairwoman Shannon Salter — to say, "We're still operating as usual." The CRT uses online dispute resolution and has a distributed, remote work- force, allowing it to continue serving the public during the pandemic. Salter has been the chairwoman of the CRT since its inception, so Canadian Lawyer spoke with her for this issue (p. 10) to find out how she helped launch a tribunal that used technology in a way that is so suited to the times. Her answer was surprising. Salter, who was home schooled in rural British Columbia, is not a technophile, and she said technology is not the reason the CRT is so successful. Technology is simply a means to deliver access to justice more efficiently. "The best way to use technology is not just to slap a form on your website or to use in courts or e-filing," Salter said. "But it's rather to do the much more profound, difficult change work of using human-centred design to completely reconstruct the justice system around the needs of the public." The optimistic view of the pandemic is that it will force the entire justice system to tackle this profound work. And it is not just on the front lines of the justice system that this reform is taking place. Appeal courts across Canada have moved to virtual trials, which may result in permanent changes once they see the benefits. But as Earl Cherniak argues in our Back Page column (p. 48), this use of technology should not ignore the importance of oral advocacy. Luckily, video conferencing has helped to ensure that much of that advocacy has been retained despite the pandemic. What both Salter and Cherniak point out, though, is that the technology should serve justice, not the other way around. No event, including the COVID-19 pandemic, should change that. Tim Wilbur, Editor-in-Chief Technology will not solve our problems ISSUE 44.05 Canadian Lawyer is published 10 times a year by HAB Press Limited. KEY MEDIA and the KEY MEDIA logo are trademarks of Key Media IP Limited, and used under license by HAB Press Limited. CANADIAN LAWYER is a trademark of HAB Press Limited. All rights reserved. Contents may not be reprinted without written permission. The opinions expressed in articles are not necessarily those of the publisher. Information presented is compiled from sources believed to be accurate, however, the publisher assumes no responsibility for errors or omissions. Canadian Lawyer disclaims any warranty as to the accuracy, completeness or currency of the contents of this publication and disclaims all liability in respect of the results of any action taken or not taken in reliance upon information in this publication. Publications Mail Agreement #41261516 ISSN 0703-2129 ©2020 GST/HST Registration #703184911RT001 RETURN UNDELIVERABLE CANADIAN ADDRESS TO: CIRCULATION DEPARTMENT 20 Duncan St., 3rd Floor, Toronto, ON, M5H 3G8 RETOURNER TOUTE CORRESPONDANCE NE POUVANT ÉTRE LIVREÉ AU CANADA AU SERVICE DES PUBLICATIONS 20 Duncan St., 3rd Floor, Toronto, ON, M5H 3G8 HAB Press Limited 20 Duncan St., 3rd Floor Toronto, Ontario M5H 3G8 tel: +1 416 644 8740 Salter is not a technophile, and she says technology is not the reason the Civil Resolution Tribunal is so successful.

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