Navigating the principle of open court in the digital age: The more things change, the more they stay the same

Abstract

Abstract The belief that courts should be open to the public is a guiding principle of the Canadian legal system. This article examines the principle of open court in the digital age by analyzing policies governing live text‐based communication in Canadian courtrooms. We argue that courts have and have not responded to the changing digital landscape. While Canadian journalists have the ability to use live text‐based communication in courts, the general public does not despite new affordances provided to them by digital technologies. This article explores the tensions between administrative judicial independence, open court, and digital technology.

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