‘They’re bombing us almost every single day’: Windsor defence lawyer applauds restrictions to virtual courtroom

Court professionals warn others of “Zoom bombing” trend. CTV Windsor’s Michelle Maluske explains what that is.

Ontario is no longer granting full public access to Zoom links for court proceedings.

Criminal defence lawyer Patricia Brown said she has witnessed several inappropriate and offensive uses of the virtual platform in recent weeks.

“I just cannot believe this level of disruption that’s happening,” Brown said. “Before the last couple months, I’ve not experienced it.”

Brown has had hearings derailed by participants who unmute themselves and make offensive, racist, pornographic or homophobic comments.

“They’re essentially kind of taking over the court. It’s extremely distracting. It causes a lot of disruption,” Brown said.

Although she hasn’t witnessed it personally, Brown said other courtrooms have also been derailed by a participant posting inappropriate images of swastikas or pornography in front of their camera.

“It is extremely offensive, to members of the public, staff, myself, and members of our community that are just trying to go about our business,” Brown said.

She thanked Justice Joseph Perfetto Thursday, for asking Zoom participants to identify themselves during a murder sentencing hearing.

Those who would not identify themselves Thursday were left in the waiting room and not given access to the Espinosa Montes proceedings.

The judge referenced a new memo circulated this week from the Ministry of the Solicitor General (MAG).

New rules for Zoom

So-called ‘Zoom Bombing’ is not a new problem.

It first arose at the start of the pandemic after the platform’s usage skyrocketed as a way for everything from church to court to continue despite lockdowns.

Five years later, its such a problem, MAG has now restricted all public access to hearing links.

“Effective immediately, the Court has advised that the public will not be permitted to observe proceedings virtually. If the public would like to attend, they will be required to do so in-person,” Assistant Deputy Attorney General Katie Wood wrote in a memo to court staff dated July 16.

Wood said there has been a “notable rise” in bombing incidents recently which she describes as “deeply upsetting and unacceptable”.

Victims or complainants will have to receive approval and a link from either the Crown’s office, or staff with the Victim/Witness Assistance Program.

The media must specifically request access from the Court Communications Officer and identify themselves before gaining access.

MAG has also updated its “Reporting Zoom Bombings” tool, as a “critical” part of the problem and to “support justice security investigation efforts”.

MAG is also warning court staff to verify usernames even if they appear to be law enforcement, counsel, legal students or interpreters.

Brown doesn’t believe the restriction on virtual links flies in the face of the “open court” policy.

“The open court policy is still here for individuals to come down to the courthouse,” Brown said noting standing up in court and yelling profanities would see a person removed.

“When you are in a courtroom there are certain rules you have to adhere to.”

Eric Costaris, Crown Attorney for Windsor and Essex County deferred comment to MAG.

Zoom issued a statement to CTV News:

“Zoom is committed to maintaining an equal, respectful and inclusive online environment for all our users. We take meeting disruptions extremely seriously and, where appropriate, we work closely with law enforcement authorities. We encourage users to report any incidents of this kind to Zoom and law enforcement authorities so the appropriate action can be taken against offenders. We have a number of default settings and features to help hosts more easily access in-meeting security controls, including controlling screen sharing, removing and reporting participants, and locking meetings, among other actions."