Protocol Regarding the Use of Electronic Communication Devices in Court Proceedings

(1) Application  

This Protocol applies to all persons attending or participating in a location where public court proceedings in the Ontario Court of Justice before a judge or justice of the peace are being conducted or transmitted, except as noted below. The use of electronic communication devices should never interfere with court proceedings or the ability to have a fair trial.  

Note: This Protocol does not apply to persons who require electronic communication devices (or services requiring the use of electronic communication devices) to accommodate a disability.  

(2) Definitions  

“Electronic communication devices” include all computers, personal electronic and digital devices, and mobile, cellular and smart phones.  

“Judicial Officer” means a judge or justice of the peace of the Ontario Court of Justice.  

(3) Use of Electronic Communication Devices in Court Proceedings  

The use of electronic communication devices in silent or vibrate mode is permitted, except as follows:  

1. The presiding judicial officer orders otherwise.  
2. Legislation (e.g., the Child, Youth and Family Services Act, 2017) or a court order restricts public attendance.  
3. No photos or videos may be taken unless there is a court order pursuant to section 136 of the Courts of Justice Act.  
4. Audio recording of proceedings is permitted by counsel, paralegals licensed by the Law Society of Ontario, court staff, members of the media, and litigants for note-taking purposes only.  The presiding judge or justice of the peace must be advised before the recording is commenced.  
5. Members of the public are also permitted to make audio recordings for note-taking purposes only if the presiding judge or justice of the peace gives express permission. This permission must be obtained prior to making the audio recording.  These audio recordings cannot be transmitted.  
6. Talking on electronic communication devices is not permitted while court is in session.  

(4) Publication Bans and Other Restrictions  

Anyone using an electronic communication device to transmit information has the responsibility to identify and comply with any publication bans, sealing orders, or other restrictions imposed by legislation or by court order.  

(5) Judicial Orders  

The presiding judge or justice of the peace has overriding responsibility to maintain courtroom decorum and to ensure that court proceedings are conducted in a manner consistent with the proper administration of justice.   

In deciding whether to restrict the use of electronic communication devices, the presiding judge or justice of the peace may consider whether there is evidence regarding factors, such as whether the use of electronic communication devices would:  

1. disrupt the court proceedings;  
2. interfere with the proper functioning of the court electronic equipment;   
3. interfere with witness testimony; or   
4. unreasonably infringe anyone’s privacy or security.  

(6) Enforcement of the Use of Electronic Communication Devices  

Anyone who uses an electronic communication device in a manner that the presiding judge or justice of the peace determines to be unacceptable may be ordered to:

1. turn off the device;  
2. leave the device outside the courtroom;  
3. leave the courtroom; or
4. abide by any other order the presiding judge or justice of the peace may make.