CCLA goes to the Supreme Court to demand respect for freedom of the press in courthouses

The CCLA believes that the Canadian public has a constitutionally-protected right to receive information about the nature and the workings of our justice system. Lower Quebec Court decisions, however, found that the Charter’s guarantees of freedom of the press and freedom of expression did not apply in courthouses. This exclusion would frustrate freedom of expression, freedom of the press, the promotion of open courts, and ultimately democracy and justice itself. On March 16, 2010, CCLA will appear before the Supreme Court to argue that these decisions should be overturned.
Prior to 2005, journalists covering the judicial system were free to use recording equipment outside of courtrooms, and could broadcast excerpts of the courts’ official recordings of hearings. In 2005, however, directives were applied to many Montreal courthouses that confined all interviewing and camera use to designated areas, and prohibited all broadcasting of hearings. Shortly thereafter, the Quebec Ministry of Justice extended most of these restrictions to all courthouses in the province. When these decisions were challenged as an unjustifiable restriction on freedom of the press, the majority of the Quebec Court of Appeal found that the Charter’s guarantee of freedom of the press did not apply in courthouses.
CCLA will argue that newsgathering in courthouses and the broadcasting of open court proceedings convey crucial information about the nature and workings of the justice system, and that the Canadian public has a constitutional right to receive this information. The measures adopted by the Quebec courts and Ministry of Justice are overly broad, and make the administration of justice less accessible, less comprehensible, and less accountable to the public. There is no justification for imposing blanket rules on all judicial proceedings in Quebec, rather than tailoring appropriate responses to unique situations.
To read CCLA’s factum click here.
The hearing is scheduled for March 16, 2010. To watch a live webcast of the SCC hearings click here.

