The principle of open courts is one of the hallmarks of a free and democratic society. And, for the most part, Saskatchewan courts fit the bill, at least in principle. There are two components to openness, policy and accessibility.
It is a very rare occasion indeed, that court proceedings would be closed to the public, but how accessible are they really? Out of sheer practicality, few people have time to sit around in court.
That is where the fourth estate kicks in. I am, dear readers, your eyes and ears in the courtroom. But even though crime and courts is a big part of my job, I cannot be there all the time either.
Fortunately, there are other ways to find out what went on in court. The staff at the registry, for example, are very gracious and prompt about looking stuff up for me, which I acknowledge here with gratitude.
The Crown is also always forthcoming when it comes to sharing information, such as written decisions. And, there is the Canadian Legal Information Institute (CanLII) that publishes court judgments, tribunal decisions, statutes and regulations from all Canadian jurisdictions.
In the case of an oral decision, for a very reasonable fee, I can get a CD within hours.
All in all, the system is very transparent, even if a tad cumbersome at times.
That does not mean the Province could not go a lot further, as British Columbia has.
I found out this week that B.C. has all its court records available online. They publish their completed dockets for anybody to download and even have a website where you can search the registry yourself.
This is not a technically complex thing to do, and, as much as I like chatting with the girls at the court house, I would like to see Saskatchewan follow suit on that.
Change does not necessarily happen quickly, however. Up until two years ago, I was not allowed to record in a Saskatchewan courtroom even for my own purposes, something I was permitted to do in B.C. at least as far back as 2005. Now accredited journalists can record court proceedings in Saskatchewan as long as they do not broadcast the recording or use it for purposes other than verifying accuracy.
Speaking of broadcasting, I would also like to see the Province address the issue of TV cameras in the courtroom.
I realize it is a bit of a balancing act. While open courts and freedom of the press are fundamental aspects of democracy, an accused also has a right to a fair trial. There are legitimate concerns broadcasting trials could impede this imperative.
Nevertheless, most jurisdictions eventually get there.
This spring, Manitoba became the first Canadian province to set the default on TV cameras to yes.
There are exceptions, of course. Family court cases, jury trials and witness testimony won’t be heard in the broadcast courts, said Chief Justice Glenn Joyal.
Provincial court Chief Judge Ken Champagne told CTV news judges had to strike a “delicate balance” between openness and protecting the safety and security of lawyers, witnesses and children.
It will be very interesting to see how this works out in Manitoba. I hope the powers that be in Regina are watching closely.
