Law

Jun 22, 2009 - Posted by Dean Jobb
News
Ontario journalists have compiled a second edition of The Justice Reporter, a newsletter that explores the openness of the province's courts. Despite the attorney general's decision in April to rescind a policy that blocked access to criminal case files after a publication ban was imposed, court officials continue to throw up roadblocks to access. The Spring 2009 issue includes an access report card that rates Ontario courthouses from most-media friendly -- the Supreme Court of Canada -- to worst, Toronto's busy Old City Hall.
Apr 14, 2009 - Posted by Regan Ray
FilesThe Ontario government has reversed a controversial policy that blocked access to court files in cases subject to a publication ban. But why, Dean Jobb asks, did the "blatantly unconstitutional" policy exist in the first place?
Apr 02, 2009 - Posted by Dean Jobb
News
Toronto (April 1, 2009) – The Ontario government has reversed a controversial policy that blocked access to court files in cases subject to a publication ban. Journalists objected to the policy for years, arguing it made it difficult to fully and accurately cover criminal cases. In announcing the change, Attorney General Chris Bentley said openness strengthens the justice system and "it's in the interests of everybody in the province of Ontario" to have "as much in the way of access to information as possible." Media lawyers say the move is overdue and brings Ontario in line with practices in other provinces, which recognize that journalists can review a court file even if certain information is banned from publication.
Read the Toronto Star and Globe and Mail reports, and the commentary "Rolling back secrecy on court files," published in the Toronto Star.
Review the revised Section 2.2.6 of Ontario's Policies and Procedures on Public Access to Court Files, Documents and Exhibits.
Mar 03, 2009 - Posted by Dean Jobb
Feature
There’s a growing chorus of complaint that access to key court documents — informations setting out criminal charges, exhibits tendered during trials, youth court dockets — has become increasingly restrictive in Canada, despite a string of Charter rulings demanding greater openness. Court officials are using outdated precedents and flawed legal interpretations to deny access, while understaffed court offices and lack of training compound the problem. Read the The Lawyers Weekly report.
Feb 18, 2009 - Posted by Dean Jobb
Dean JobbIn courthouses in countless Ontario cities, journalists are routinely denied easy access to case files and exhibits because of outdated precedents and flawed interpretations of the law. Dean Jobb makes the case for better access.
Feb 02, 2009 - Posted by Dean Jobb
News
Ontario journalists are being denied their right to view and copy basic court documents under questionable provincial access policies. In response, Tracey Tyler, the Toronto Star's legal affairs reporter, and Toronto media lawyer Tony Wong have compiled The Justice  Reporter, a 14-page newsletter that explores the problem and demands solutions. A second edition, assessing the "media friendliness" of various courts, is in the works.
Jan 28, 2009 - Posted by Dean Jobb
Feature
The age of Internet access to court records has dawned in Canada. British Columbia is leading the way with online access to some 200,000 court documents and more to come, and the Supreme Court of Canada wants to post written arguments filed in advance of its hearings. But some fear easy access to registry files could lead to the misuse of confidential or sensitive information long buried under reams of paper. Dean Jobb reports in The Lawyers Weekly.
Jan 28, 2009 - Posted by Dean Jobb
Feature
Anyone with Internet access could watch live video of the Ontario Court of Appeal hearing that exonerated Steven Truscott of a 1950s murder. Despite that initiative – not to mention a decade of Supreme Court of Canada broadcasts, pilot projects in several provinces and the ease of webstreamed video – camera coverage of court proceedings remains the exception, not the rule. But that may be about to change. Dean Jobb reports in The Lawyers Weekly.
Dec 11, 2008 - Posted by Dean Jobb
News
Nova Scotia's courts have withdrawn a controversial plan to accredit journalists and mete out unspecified punishment to journalists deemed to have violated guidelines on access to hearings and documents. It marked the first time Canadian judges claimed the power to decide who's a journalist and to punish the media outside the normal court process. Terrence McEachern, a journalism student at the University of King's College, filed this report on opposition to the proposal for the November 21, 2008 edition of the Halifax Commoner, a weekly newspaper published by students in the school's newspaper workshop.
Dec 09, 2008 - Posted by Deborah Jones
While everyone has a protected right to speak to government, including the right to request information, do citizens (including journalists) have a correlative Charter right to an answer from government?

The Supreme Court of Canada will soon grapple with just that question.

A CanWest story is here.
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