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How does Web2.0 affect the trial process?
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  • 1. May 2010 Canadian Association of Law Librarians
  • 2. How does Web 2.0 affect the trial process?
    • The Honourable Justice Fran Kiteley
    • Superior Court of Justice, Ontario
  • 3.
    • Canadian internet use surpassed Canadian television watching *
    • 82% of Canadians have internet access at home (only 69% of those over 55)*
    • * Ipsos Reid poll 2009
    Context
  • 4. Context cont’d
    • Between 2007 and 2009, the percentage of Canadians with an online social networking profile shot from 39% to 56%
    • 85% of Canadians with a social networking profile use Facebook
  • 5.
    • Mid April 2010: Twitter had approx. 106,000,000 registered users
    • Users sign up at the rate of 300,000 per day
    • Twitter get a total of 3 billion requests a day
    Context cont’d
  • 6. Context cont’d
    • Average of 55 million tweets a day
    • In the past year, Twitter has grown from 25 to 175 employees
    • Source: www.huffingtonpost.com
  • 7. Context cont’d
    • * Searches per month
    • Google: 88 billion
    • Twitter: 19 billion
    • Yahoo: 8.4 billion
    • Bing: 4 billion
    • * Edison Research
  • 8. Canadian Context
    • Jurors are prohibited from discussing deliberations with anyone - ever
    • Juries in civil and criminal cases
    • Sequester in criminal proceedings once deliberations begin
    • No cameras in trial courtrooms
  • 9. Possible Instructions to Jurors
    • We know that the majority of people use social networking and research tools such as Facebook, Google, Wikipedia and Twitter.
    • We have an important legal principle that the defendant has a right to expect that decisions by the jury are made only on the basis of evidence that every juror and the defendant heard.
  • 10. Instructions cont’d
    • It is for that reason that I must require that you not do any investigations on your own.
    • You must not go to locations where events occurred to develop your own perspective.
  • 11. Instructions cont’d
    • Similarly, you must not use Google earth, Bing, Wikipedia, twitter, blogging or any other electronic medium to investigate the law, people, places or things involved in this trial.
    • And you must not use any electronic medium to communicate with any person at any time about this case, even after your verdict is delivered.
  • 12. Possible Consequences
    • Full compliance
    • Non-compliance but secretly – not disclosed to other jurors
    • Non-compliance and disclosed to other jurors – accepted by other jurors
    • Non-compliance and disclosed to other jurors who report to trial judge who declares mistrial
  • 13. Conclusions
    • Is this much ado about nothing?
    • Or is this a big deal?
  • 14. Conclusions
    • Notwithstanding s.11(f) of the Charter, must we re-think the role of the jury (in criminal and civil matters) in a society where access to information outside the courtroom cannot be controlled?