Conclusion

There are few studies that examine the use of technology within the family or civil justice system, either in Canada or internationally. The studies from 2010 to 2019 focused mostly on supportive and replacement technologies. Starting in 2019, the use of artificial intelligence and algorithms for decision-making and automation of court processes were also examined. The literature shows there was an increase in the use of technology between 2012 and 2019. During this time period, advances in the use of technology were focused on the need for remote access and administrative efficiency measures. These included the use of videoconferencing and the implementation of online e-filing and scheduling platforms. Technology was not an integral part of the operation of the Canadian family and civil justice systems until the COVID-19 pandemic made technology essential to keeping courts and other services operating.

The review of Canadian studies found that technology has increased access and/or enhanced the experiences of individuals involved in the family justice and civil justice systems. Justice system websites enable users to access services 24/7 and at reduced costs. Clients receive improved access to services, at lower cost, more convenience, and better administrative efficiency using online or virtual mediation tools. Online parenting after separation programs were found to be less expensive to administer, allowed flexible scheduling, eliminated the need for travel and childcare, and were able to reach more people. Online platforms can help empower users by providing access to appropriate resources, increase users’ confidence to seek out legal information independently, and increasing their understanding of their legal issues.

The literature review and media scan also identified a number of considerations. One of these is that given the connection between socio-economic disadvantages and low digital literacy, the increased use of technology in the justice system can result in decreased access to justice and further marginalization of some populations. Another pertains to the ethical considerations as AI and automated systems are used to provide legal advice in addition to legal information. Since AI and automated systems rely on algorithms based on historical case outcomes, they are unable to account for judicial discretion or recognize systemic biases as they assume past decisions as just.

In 2020, Canadian courts (family, civil and criminal) used a number of different technologies to help keep courts operating. The pandemic highlighted a need to move beyond implementing a patchwork of technologies to allow for a more holistic integration of technology within the system. Evaluations over time will help to fully understand the impact that technologies have on increasing access to the family and civil justice systems.