Public

Some civil court decisions could affect my life and the lives of others in important ways. It therefore makes sense that I have the right to attend court hearings to make sure for myself that justice is being done. I can attend any civil case I want to, except for trials taking place in the Family Division or the Youth Court that involve youth protection files. Even so, sometimes the judge may decide that the hearing will take place in camera, meaning that it is closed to the public. If that happens, I will be asked to leave the room. In addition to being able to attend the hearings, I can consult the court records and exhibits of evidence of the various proceedings, which are also open to the public.

As a general rule, I can be present in the courtroom, but I must respect decorum. The moment the judge enters the room, I have to stand and stay standing until she sits down and the court usher invites the other people present to do the same. Afterward, I must remain silent; I can’t express my approval or disapproval of the way the trial is going. When the judge leaves the courtroom, I stand again and wait for her to leave before moving from my place.

Journalists can also be present in the hearing room. Their role is to provide people with information about how the trial is unfolding and what evidence is presented. Unlike us, they can be present at the Family Division hearings – however, they are forbidden from publishing or circulating information that could identify the parents or children concerned. Nor can they report what is said during a trial when the judge orders a publication ban. While courts in the United States may allow proceedings to be broadcasted on television, as was the case in the O.J. Simpson trial, here no television or still cameras are allowed in courtrooms.

The media must also respect the rule of sub judice, which asks them to use restraint when reporting on a subject that is currently 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 role the media plays is essential to keeping the public aware of important trials and decisions made by our courts.

The public aspect of our system is of fundamental importance.