tag:blogger.com,1999:blog-1147895830446101314.post6411017931290699878..comments2023-11-29T03:34:12.860-05:00Comments on The Unruly of Law: Canada High Court 'Bails' on Free Press RulingSheldon Toplitthttp://www.blogger.com/profile/07505633062014123405noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-1147895830446101314.post-68346740383937823732010-06-17T09:27:38.363-04:002010-06-17T09:27:38.363-04:00The U.S., unlike Canada, has the 6th Amendment, wh...The U.S., unlike Canada, has the 6th Amendment, which the framers of the Constitution enacted as a response to England's "Star-Chamber" closed proceedings, reasoning that justice conducted in the light of day would be more fair. It is a delicate balance. Having been in the courtroom as both a lawyer and a journalist, I know that the tools available to a judge to preserve the defendant's presumption of innocence, such as a continuance, change of venue, voir dire, jury sequestration and the like, are not always effective in the information age in which we live.Sheldon Toplitthttps://www.blogger.com/profile/07505633062014123405noreply@blogger.comtag:blogger.com,1999:blog-1147895830446101314.post-11145470787162839882010-06-16T21:22:49.312-04:002010-06-16T21:22:49.312-04:00Thank you for covering this.
On June 11th. the &q...Thank you for covering this.<br /><br />On June 11th. the "Toronto Star" published an editorial on this decision titled, "A loss for open courts." Its opening paragraph reads:<br /><br />"The Supreme Court has delivered a ruling on publication bans that will maintain a shroud of secrecy over bail hearings. It is a disappointing outcome that runs counter to recent court rulings trending in favour of the public’s right to know."<br /><br />...and sums up powerfully with these two concluding paragraphs ...<br /><br />"The lone dissenter was Justice Rosie Abella, who argued that concerns over prejudicing a trial can be handled by partial bans imposed by a judge using discretion. A mandatory blanket ban goes too far and constitutes “a profound interference with the open court principle,” she wrote. “To maintain public trust in the justice system, the public must be able to see the judicial process at work.”<br /><br />"Abella got it right. Unfortunately, her fellow Supreme Court justices did not see it her way this time."<br /><br />http://www.thestar.com/opinion/editorials/article/822025--a-loss-for-open-courts<br /><br />Our Canadian justice system already lacks adequate transparency, in my opinion, and rulings such as this do diminish trust and respect. Journalists are our proxies.Donna Morrishttps://www.blogger.com/profile/00677837344778587945noreply@blogger.com