When I was appointed to the bench in 1988, there were very few judges in Ontario using computers. For many years thereafter many judges in Ontario appeared to look on computers with disdain, clinging to ancient courtroom traditions ...
Today most judges in Ontario recognize the benefits that digital technology can bring to the judicial system but are, as a result of their inability to touch type, reluctant to encourage counsel to use computers in the courtroom to display documents.
Justice B. T. Granger . . Using Litigation Support Software in the Courtroom - Better Lawyer, Better Judge, Better Justice - The Need For Judicial Leadership. National Center for State Courts, Ninth National Court Technology Conference, September 13-15, 2005, Seattle, Washington.
...all court hearings shall be open to the public.
The court may order the public to be excluded from a hearing where the possibility of serious harm or injustice to any person justifies a departure from the general principle that court hearings should be open to the public.
Disclosure of information
(3) Where a proceeding is heard in the absence of the public, disclosure of information relating to the proceeding is not contempt of court unless the court expressly prohibited the disclosure of the information.
“ a lawyer has a duty to uphold the standards and reputation of the legal profession and to assist in the advancement of its goals, organizations, and institutions”
Rule 4.06 Encouraging Respect for the Administration of Justice
“ A lawyer shall encourage public respect for and try to improve the administration of justice.”
“ A lawyer's responsibilities are greater than those of a private citizen. A lawyer should take care not to weaken or destroy public confidence in legal institutions or authorities by irresponsible allegations.”
How much weight should be afforded to information and photos online?
Should the context of social media be considered?
Facebook in Litigation Source: Ronald Podolny. When “Friends” Become Adversaries: Litigation in the Age of Facebook. (2009) 33 Manitoba Law Journal . http://robsonhall.ca/mlj/images/Articles/33v2/podolny.pdf