Public

It is appropriate that every citizen has the right to be present at jury trials so that they can learn about how the justice system deals with those accused of committing crimes. The right to a public trial is a constitutional guarantee by virtue of the Canadian Charter of Rights and Freedoms.

For this reason, I can attend criminal trials, but I must respect decorum. The moment the judge enters the room, I have to stand and stay standing until she sits down. Afterwards, I must remain silent; I cannot express my approval or disapproval of the way the trial is going. This is important in ensuring that justice is done in an atmosphere of calm and impartiality. When the judge leaves the courtroom, I stand again and wait for her to leave before moving from my place.

Journalists may also attend trials in the part of the room reserved to the public. Their role is to report on what is said in court, unless the judge has ordered a publication ban. In Quebec, unlike in the United States, broadcasting trials on television is not allowed. Even outside of the courtroom, the law requires journalists to film only in areas authorized by the Chief Justice.

Certain information may not be divulged by the media if the accused requests a ban from the judge. This might include evidence presented to the court regarding his release on bail or that provided during the preliminary inquiry. The media is forbidden from making public this information in order to prevent the public from forming an opinion on the guilt or innocence of the accused based on incomplete knowledge. However, these barriers no longer apply as soon as the trial ends. In addition, the victim of a sexual offence can ask the judge to forbid journalists from publishing or broadcasting her name or any information that might identify her.

There is another important restriction on the work of journalists: the rule of sub judice. Under this rule, the media must exercise restraint when reporting on a case that is presently 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. Journalists cannot take the place of the judge; their role is limited to reporting the facts. However, once the judgment is made, they can express themselves freely.

For obvious reasons, the role of journalists is slightly more restricted in the Criminal Division than in the Civil Division. But, with respect to the freedom of the press, their presence in the courts is essential for people who are unable to attend themselves, but want to be informed about important trials in their community.

The public aspect of our justice system is of fundamental importance.