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COMM 2501 (12)

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Carleton University
Communication Studies
COMM 2501
Klaus Pohle

Class 9 - Protection of Judicial Proceedings Cases o Re Regina and Unnamed person • In the Court of Appeal of Ontario, (1985) 22 C.C.C. (3 ) 284 o R. v. Banville • In the Court of Queen’s Bench of New Brunswick, (1983) 45 N.B.R. (2 ) 134 o Her Majesty the Queen v. Karla Bernardo (Teale) • In the Ontario Court of Justice (General Division) (1993) o Canadian Broadcasting Corp. and The National Film Board of Canada v. Lucien Dagenais et al • In the Supreme Court of Canada (1984) o Her Majesty the Queen v. Paul Kenneth Bernardo • In the Ontario Court of Justice (General Division) (1995) o Cases • Toronto Star Newspapers Ltd., et al v. Her Majesty the Queen in Right of Canada, et al. In the Supreme Court of Canada, 2010 SCC 21 o Objective o To prevent judicial proceedings from being prejudiced or tainted by information not before the court Found in o Common law o Statute law o Norm is openness o Protection of Judicial Proceedings “Where there is no publicity, there is no justice.” — Jeremy Bentham “Every court of justice is open to every subject of the king.” — Lord Halsbury, 1911 “…all court hearings shall be open to the public. — S. 135, Ontario Courts of Justice Act o Protection of Judicial Proceedings “Any person charged with an offence has the right . . . to be presumed innocent until proven guilty . . . in a fair and public hearing by an independent and impartial tribunal.”— S11(d) Canadian Charter of Rights and Freedoms o Protection of Judicial Proceedings Exceptions to open court rule: o Common law: • When justice cannot be done otherwise o Statute law: • Administration of justice • Fair trial • Morals • Privacy o Protection of Judicial Proceedings Publication Bans and the Internet o Some Criminal Code Provisions 187(1) • Wiretaps • Protects privacy/law enforcement 276(1); 276.1(3); 276.2(1) • Sexual activity evidence • Exclusion of jury/public •
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