NCJ Number
105591
Date Published
1987
Length
106 pages
Annotation
This report surveys the limitations contained in current Canadian law on the freedom of the public and the media to attend criminal proceedings, examine court documents, and disseminate related information.
Abstract
It concludes that in many areas, the law is excessively vague and unnecessarily restrictive and recommends that a presumption of openness should govern the criminal process. In keeping with this presumption, automatic publication bans should be abolished, no exclusion orders or publication bans should be based on 'public morals,' and search warrant documents should be accessible to the public. In addition, publication bans and exclusion orders should be permitted only in carefully limited circumstances. Finally, a national experiment with electronic media coverage should be conducted to examine what effect, if any, this would have on the fact-finding process and its participants (e.g., witnesses, jurors, lawyers).