In layman’s terms does that mean the five media outlets get to provide supporting arguments for Kevin Donovan’s side, and the two Attorney Generals get to speak on behalf of the Estate’s side?
No
The real issue is about the rule of law and Sealed courtrooms which are anathema to democracy and freedom. On a Prima Facie level, this is about the Sherman estates.
While everyone and there brother is piling onto the court proceeding it the open court
The virtues of openness were discussed by the Supreme Court of Canada in
A.G. Nova Scotia v. MacIntyre which quoted eighteenth-century philosopher
Jeremy Bentham:
In the darkness of secrecy, sinister interest and evil in every shape have full swing. Only in proportion as publicity has place can any of the checks applicable to judicial injustice operate. Where there is no publicity there is no justice. Publicity is the very soul of justice. It is the keenest spur to exertion and the surest of all guards against improbity. It keeps the judge himself while trying under trial.
As noted by the Supreme Court of Canada in
Vancouver Sun (Re), the
open court principle enhances the public's confidence in the justice system:
Public access to the courts guarantees the integrity of judicial processes by demonstrating "that justice is administered in a non-arbitrary manner, according to the
rule of law". Openness is necessary to maintain the
independence and
impartiality of courts. It is integral to public confidence in the justice system and the public's understanding of the
administration of justice. Moreover, openness is a principal component of the legitimacy of the judicial process and why the parties and the public at large abide by the decisions of courts.
The open court principle is linked to the
freedom of expression and
freedom of the press which include the right of the public to receive information. The press plays a vital role as the conduit through which the public receives information regarding the operation of public institutions.
Canadian legislation
Section 135(1) of the
Courts of Justice Act (Ontario) states the general principle that "all court hearings shall be open to the public".
Subsection 486(1) of the
Criminal Code states: "Any proceedings against an accused shall be held in open court, but where the presiding judge, provincial court judge or justice, as the case may be, is of the opinion that it is in the interest of public morals, the maintenance of order or the proper administration of justice to exclude all or any members of the public from the court room for all or part of the proceedings, he may so order."
Canadian jurisprudence
Vancouver Sun (Re)[edit]
Main article:
Vancouver Sun (Re)
In 2004, the
Vancouver Sun newspaper successfully argued that certain court proceedings in relation to the
Air India terrorist attack should be open to the public. Section 83.28 of the
Criminal Code allows the exclusion of the public and media from certain court proceedings in relation to terrorism offences.
I widely expect the SCC to affirm the open court principles.
