Public

I am the public, the people; I am you and me. Some decisions of the court can have serious effects on our lives. This is why I have the right to be present in courtrooms and to consult the court records. I may attend every case at the Court of Québec, Criminal and Penal Division if I want to. A few of us come to the court hearings regularly. Seated in the hearing room, we observe the dramatic spectacle that justice can be.

In the courtroom, besides curious observers, you will obviously find people who are waiting for their turn before the judge as well as witnesses, police officers, journalists, and even victims. The parents or friends of these people sometimes come to court as well to support their loved ones.

However, the judge may sometimes decide to conduct the hearing in camera, meaning that the public must be absent. In this case, I will be asked to leave the room. For example, this can happen in cases where the victim is a child who is intimidated by the presence of the public.

While the trial is in progress, I avoid entering or leaving the hearing room. If I want to read the paper or speak to another person, I go into the hallway. When the judge leaves the courtroom, I stand up and stay standing until she has left before moving from my place.

At the Court of Québec, Criminal and Penal Division, the files dealt with often raise fascinating issues and therefore often interest the general public. Journalists may attend hearings and, indeed, they are often present in the criminal court. Their role is to provide people with information about the proceedings that are taking place. They are forbidden from reporting what is said during the trial if the judge has ordered a “publication ban”. Orders of this kind are frequent in sexual assault cases.

Although in the United States the courts allow trials to be broadcast on television, here no television or still cameras can be brought into the courtroom. Even outside of the courtroom, journalists are allowed to film only in authorized areas. In addition, the media must respect the rule of sub judice and use restraint when reporting on a case that is before the courts. They break this rule if they take a side, make judgments about how the trial is being conducted or how the court has decided an issue, or pronounce on the quality of the evidence presented. In short, journalists cannot take the place of the judge; their role is limited to reporting the facts. Once the judgment is made, however, they can express themselves freely and the “critique” can begin. The media’s role is essential to keeping the public up to date on important trials and decisions rendered by our courts.

The public aspect of our system is of fundamental importance. Being able to be present in the courtroom and to watch trials in progress assures everyone that the rules of law are applied correctly and in the same way to everyone.