Open court principle

The open court principle requires that court proceedings presumptively be open and accessible to the public and to the media.[1]

In contrast, in camera describes court proceedings where the public and press are not allowed to observe the procedure or process.

Purpose

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.[2]

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.[3][4]

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".

Canadian Jurisprudence

Vancouver Sun (Re)

In 2012, the Vancouver Sun newspaper 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.[5]

United States

In the United States, the term "in open court" means the appearance by a party or their attorney in a public court session such as during a trial.

See also

References

  1. ↑ "A.B. v. Bragg Communications Inc., [2012] 2 SCR 567, 2012 SCC 46". Paragraph 11: Supreme Court of Canada. September 27, 2012. Retrieved 19 November 2016.
  2. ↑ "Vancouver Sun (Re), [2004] 2 SCR 332, 2004 SCC 43". www.canlii.org. Paragraph 24: Supreme Court of Canada.
  3. ↑ "Vancouver Sun (Re), [2004] 2 SCR 332, 2004 SCC 43". www.canlii.org. Paragraph 26: Supreme Court of Canada.
  4. ↑ "R. v. Canadian Broadcasting Corporation, 2010 ONCA 726". Paragraph 24: Ontario Court of Appeal. Retrieved 19 November 2016.
  5. ↑ "Vancouver Sun (Re), [2004] 2 SCR 332, 2004 SCC 43". Paragraph 16: Supreme Court of Canada. Retrieved 19 November 2016.
This article is issued from Wikipedia - version of the 11/20/2016. The text is available under the Creative Commons Attribution/Share Alike but additional terms may apply for the media files.