Initiatives Increase Access And In Line With Justice And The Media Panel
Recommendations
TORONTO, May 24 /CNW/ - In line with the recommendations of the Panel on
Justice and the Media, photocopy and inspection fees for files in Ontario
courts have been reduced, and some court proceedings will soon be webcast and
provided to the media, Attorney General Michael Bryant announced today.
"Webcasting court proceedings and providing copies to the news media on
DVD will increase the openness of our justice system," said Bryant. "Dropping
photocopy and inspection fees for court files by as much as two-thirds will
increase access to the justice system. Faster, more open and affordable access
to court records and proceedings will help the public and the media be full
witnesses to the administration of justice."
Bryant made the announcement at the Global Investigative Journalism
Conference in Toronto, where he updated journalists in a town hall style
meeting on the implementation of recommendations made by the Panel on Justice
and the Media. Bryant also formally accepted the "Code of Silence Award",
which was awarded to him in 2006 by the Canadian Association of Journalists
for having the highest fees in the country for accessing court records. Bryant
is the first recipient to ever show up and personally collect the annual
award.
The Ministry of the Attorney General has cut the fee charged for
photocopying documents in the Court of Appeal, Superior Court of Justice and
provincially-administered Ontario Court of Justice courts by half, from $2 per
page to $1 per page.
While the Panel did not specifically recommend reducing file inspection
fees, the ministry, in the spirit of the Panel's recommendation, has also
lowered the file inspection fee charged to non-parties to view civil case
files in the Court of Appeal and Superior Court of Justice by 69 per cent,
from $32 to $10.
Bryant also announced that, under a pilot project set to begin by summer,
some proceedings in Courtroom No.1 at the Court of Appeal for Ontario will be
streamed live on the Internet. DVD copies of proceedings will be provided to
the media twice per day and will be available for use by journalism and law
schools and other organizations for educational and training purposes.
Proceedings will also be archived on the site for 90 days to ensure
round-the-clock public access.
While cameras are generally prohibited under the Courts of Justice Act,
they are permissible for educational or instructional purposes, with approval
from the presiding judge and consent from the parties to the proceeding.
Bryant originally announced this pilot project during this year's Opening of
the Courts ceremony, in response to another recommendation made by the Panel
on Justice and the Media.
In its August 2006 report, the Panel on Justice and the Media made 17
recommendations on ways to improve mutual understanding between the justice
system and the media. The McGuinty government is taking action on all
recommendations and has already:- formed a Justice-Media Liaison Committee to bring together
representatives from the judiciary, media, police, the legal
communities and the ministry to work together on justice-media issues
as they arise
- appointed a media contact person in every courthouse across the
province
- supported the work of the Ontario Justice Education Network as it
develops new learning modules on the justice-media relationship for
use in high schools across the province
- created a justice-media section on the ministry's website, which
includes information on resources and useful links.
"Reducing photocopy and file inspection fees, and developing a pilot
project for cameras in the Court of Appeal represent significant progress in
setting a new standard for excellence and leadership in both form and
practice," said Bryant. "We are continuing to move forward with implementing
all of the Panel's recommendations."
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Backgrounder
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GOVERNMENT IMPLEMENTS RECOMMENDATIONS OF
PANEL ON JUSTICE AND THE MEDIA
The McGuinty government is taking action on all 17 recommendations made by
the Panel on Justice and the Media, in consultation with the judiciary and
others, where appropriate. Much progress has been made, and the government is
committed to doing all it can to improve mutual understanding and interaction
between the justice and media sectors.
Recommendation No.1: Access to Court Records
- The staff directive covering all of the ministry's policies and
procedures governing access to court files, documents and exhibits
will be posted on the ministry's website by the end of June to ensure
the media and public understand the current direction to court staff
- The ministry is mindful of the need to regularly review and update
its policies, together with the judiciary, to ensure that appropriate
access to court records is provided
- The ministry is taking steps to ensure the consistent application of
these policies and procedures across the province through regular and
ongoing meetings, communications and training of more than 3,800
staff who work in Ontario's courthouses
- A new court support college certificate program will include training
on justice-media issues to raise awareness among future court
workers.
Recommendation No.2: Use of Tape Recorders
- The restriction on the use of tape recorders in court is codified in
the Courts of Justice Act and would require a legislative amendment
to remove the restriction. The McGuinty government will consult with
the judiciary and is committed to introducing such an amendment
- The ministry is conducting a policy review and analysis, and
developing options in consultation with the Chief Justices for
potential amendments to the Courts of Justice Act to permit the
unobtrusive use of tape recorders by lawyers, parties representing
themselves and journalists at a court hearing without prior approval
of the judge
- In the interim, the ministry is consulting with the judiciary on new
signage for all courthouses across Ontario that would more accurately
reflect the 1989 Howland Practice Direction, which can permit such
use without prior approval of the presiding judge.
Recommendation No.3: Cameras in the Courtroom
- In January 2007, the Attorney General announced an agreement with
Chief Justice Roy McMurtry to pilot cameras in the Court of Appeal
- A launch is anticipated by summer
- The pilot will include real-time webstreaming on the Court of
Appeal's website with 90-day archiving to maximize public access. As
well, same-day DVD copies of proceedings will be provided to the
media twice a day to accommodate newscast schedules
- The DVDs may also be used by journalism schools, law schools and
other organizations for training and educational purposes.
Recommendation No.4: Media Facilities at the Courthouse
- A media contact person has been appointed in every Ontario courthouse
to provide information and facilitate access to documents and
courtrooms. Any media questions or issues that cannot be resolved by
counter staff should be raised with these media contacts
- Some courthouses have dedicated media workspace. Where there is no
dedicated room, the ministry works with local media to accommodate
requests on an as-needed basis
- For large-scale proceedings, the ministry has created a media
information package template that can be tailored for each case. This
package includes details on reserved seating, parking, workspace, how
to access case documents and transcripts, as well as scheduling,
party and counsel information.
Recommendation No.5: Media Lock-ups
- The Court of Appeal and the ministry are currently discussing the
potential for media lock-ups. This recommendation is within the
Court's jurisdiction
- The Court has begun outreach to the media on this issue.
Recommendation No.6: Affordable Access to Court Records
- The ministry has halved photocopy fees from $2 to $1 in the Court of
Appeal, the Superior Court of Justice and provincially-administered
Ontario Court of Justice courts
- The ministry has slashed by more than two-thirds the civil file
inspection fee in the Court of Appeal and the Superior Court of
Justice to $10 from $32. Currently, there is no file inspection fee
in criminal and family court matters
- Copies of judicial interim release papers are provided to accused
persons free of charge upon the accused's release
- The ministry is reviewing its policy with respect to charging
photocopy fees for criminal informations and indictments to accused
persons.
Recommendation No.7: Continuing Professional Education
- The ministry is working with the Radio-Television News Directors'
Association (Dave Trafford of CFRB and Scott Metcalfe of 680 News),
the Advocates' Society, and Legal Aid Ontario to develop and
facilitate learning opportunities for professionals and professional
organizations.
Recommendation No.8: Post-Secondary Professional Education
- The ministry has begun approaching law and journalism schools on how
best to encourage and facilitate inclusion of justice-media issues in
their curricula
- We will consult our justice-media education working group for advice
as this work unfolds
- In addition, Ontario's first court support college certificate
program will include training on justice-media issues to raise
awareness among future court workers.
Recommendation No.9: Public Education
- The Ontario Justice Education Network, supported by the ministry, is
developing new learning modules on the justice-media relationship for
use in high schools across the province.
Recommendation No.10: Notification of Publication Bans
- The ministry is conducting a cost and technology analysis and will be
consulting with the Chief Justices and other jurisdictions to
determine how best to proceed.
Recommendation No.11: Electronic Access to Court Records
- The ministry website now links to weekly Court of Appeal docket
information and to judgments of the Court of Appeal, the Superior
Court of Justice and the Ontario Court of Justice
- Research is underway to identify legal, policy and resource issues
relating to on-line docket information
- In the meantime, the ministry is developing a pilot program to
provide electronic docket information in selected courthouses.
Recommendation No.12: Online Media Guide
- The ministry has developed a "media resources" section on its website
that forms the base of a guidebook. This section will host additional
materials as they are developed and links as they are identified.
Recommendation No.13: Public Justice-Media Website
- The "media resources" section of the ministry website was created
within days of the release of the Panel's report. It contains
information on many of the elements listed in this recommendation,
including the roles of all participants in the justice system, the
structure of the justice system, hyperlinks to docket information and
judgments, and other online justice-media information.
Recommendation No.14: Justice-Media Liaison Committee
- The Attorney General has established this committee pursuant to the
Panel's recommendations. The membership includes:
- Sue Sgambati, veteran crime journalist from Court TV Canada
- Dianne Wood, justice and courts reporter for the Kitchener-Waterloo
Record
- The Honourable Justice Russell Juriansz of the Ontario Court of
Appeal
- The Honourable Justice James Carnwath of the Superior Court of
Justice
- The Honourable Justice Joseph A. De Filippis of the Ontario Court
of Justice
- Chief Paul Hamelin of the Midland Police Service, a former
president of the Ontario Association of Chiefs of Police
- Hilary Linton, a Toronto lawyer and mediator, representing the
Ontario Bar Association
- Thomas G. Conway, a civil and commercial litigation lawyer in
Ottawa, representing the County and District Law Presidents'
Association
- Ralph Steinberg, a Toronto criminal defence lawyer, representing
the Criminal Lawyers' Association
- Brian Rogers, a Toronto-based media lawyer
- Elizabeth Bucci, counsel in the Ministry of the Attorney General's
Courts Services Division, who will serve as committee chair
- Michal Fairburn, counsel in the ministry's Criminal Law Division
- Ellie Sadinsky, director of the ministry's Communications Branch
- The Committee met for the first time on May 10, 2007.
Recommendation No.15: Press Conference/Public Commentary
- The 1998 document, "Protocol Regarding Public Statements In Criminal
Proceedings" has been referred to the Justice-Media Liaison Committee
for review as recommended.
Recommendation No.16: Sub Judice Contempt Rule
- Information about the sub judice rule - part of the law relating to
contempt of court - is posted on the ministry website in the "media
resources" section.
Recommendation No.17: Shield Law
- The ministry is conducting a legal and policy analysis of the issues
involved in shield laws.
Disponible en français
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For further information: Greg Crone, Ministry of the Attorney General,
Minister's Office, (416) 326-1785; Brendan Crawley, Ministry of the Attorney
General, Communications Branch, (416) 326-2210
