There are rule for having cameras or video cameras in the court room and forms to be filled if the media wants to use their video cameras or take photographs of the proceedings.
fees of $35 are applicable per audio and video recordings.
Schedule A (Rule 82)
(3.1
For audio and video recordings)
The form to fill out needs to know the following:
1. Requester
2. Signatory of the agreement (Complete only if the signatory is not the requester)
3. Photograph, video or webcast requested
4. How the photograph, video or webcast will be used
The media's right to attend isn't being questioned. Journalists are free to come and go from almost every judicial and quasi-judicial proceeding in Canada. It's their electronic baggage that's the issue — their cameras, tape recorders and whether they should have the right to broadcast the proceedings using all of the tools of their trade. As for criminal trials, the pro-camera arguments usually lose. Most trials in this country remain firmly out of bounds as far as broadcasting is concerned. Pictures and spoken testimony from the proceedings were replaced by court sketches, on-screen text excerpts and reporter summaries. Advocates of more camera access see that as contrary to the public interest; opponents see such prohibitions as a salvation for the whole trial process.
The first time the Supreme Court of Canda allowed a camera into court was in 1981 to broad cast it decision in the patriation reference case. Famouse other cases as like the, O.J. Simpson case, the Menendez case, the Bobbit case and the W. Kennedy-Smith case, thousands of cases are televised each year locally, regionally and nationally.
In the Canadian Charter of Right and Freedoms shows under s2(b) that a fundamental freedom is " freedom of expression'' , including freedom of the press and other media of communication.
From her 1993 confirmation hearings, Judge Ruth Bader Ginsberg comments on cameras in the court. Judge Ruth Bader Ginsberg is the second female justice and the first Jewish female justice.
Advocates of more camera access see that as contrary to the public interest; opponents see such prohibitions as a salvation for the whole trial process.
Supporters of greater camera access usually offer some variation on these arguments:
Most Canadians can't attend courts in person.
TV is the main source of news for most people.
Witnesses will be more likely to tell the truth when cameras are there.
Lawyers will be better prepared.
Televised trials educate the public and show differences between the U.S. and Canadian legal systems.
The whole trial process is more open to public scrutiny.
Opponents of camera access have their own list of concerns:
Witnesses could be reluctant to come forward if cameras are present.
Lawyers could grandstand for the cameras.
Jurors could feel pressure.
The media would focus on sensational cases or testimony.
Thompson and Venables were charged on 20 February 1993 with Bulger's abduction and murder.
The pair were found guilty on 24 November 1993, making them the youngest convicted murderers in modern English history. They were sentenced to custody until they reached adulthood, initially until the age of 18, and were released on a lifelong licence in June 2001.
"James Patrick Bulger (16 March 1990 – 12 February 1993) was a boy from Kirkby, England, who was murdered on 12 February 1993, when aged two. He was abducted, tortured and murdered by two ten-year-old boys, Robert Thompson (born 23 August 1982) and Jon Venables (born 13 August 1982). Bulger disappeared from the New Strand Shopping Centre in Bootle, near Liverpool, while accompanying his mother. His mutilated body was found on a railway line two-and-a-half miles (4 km) away in Walton, two days after his murder. "
Van carrying the boys responsible for the murder of James Bulger.
Up to five hundred protesters gathered at South Sefton Magistrates' Court during the boys' initial court appearances. The parents of the accused were moved to different parts of the country and assumed new identities following death threats from vigilantes.
"James Bulger being abducted by Thompson (above Bulger) and Venables (holding Bulger's hand) in an image recorded on shopping centre CCTV".
The video cramas was not so detail with Thompson and Venables faces, making the search a bit harder for the law enforcements to find them.
A controversial publication ban in Britain was imposed for another reason: to protect the killers of two-year-old James Bulger from vigilante justice. Robert Thompson and Jon Venables, who were 10 years old when they beat the toddler to death in 1993, were given new identities when they were released in June 2002.
The judge imposed a permanent publication ban on any details about their new identities or where they will be relocated. He said that " the press's continued interest in the case left the two vulnerable to harassment and violence".
This is a great example of a case that involved a publication ban it was suppose to protect 10 year old kids, Thompson and Venables that murder a 2 year old child. This is a very shocking and sad story, that got a lot of people angry about. It got alot of parents worried about their own children being abducted. Robert and Jon was youngest convicted murderers in modern English history.
Paul Kenneth Bernardo who lived in Scarborough, Ontario, is a Canadian serial killer and rapist, known for the sexual assaults and murders he committed with his wife Karla Homolka and the serial rapes he committed in Scarborough.
A young woman is raped in Scarborough, Ont., the first in a chain of rapes committed by the person the media dubs the Scarborough Rapist. Paul Bernardo would later admit to the sexual assaults of at least 14 women in southern Ontario. At one point, Bernardo faced 53 charges related to the rape – and in some cases, murder – of young women.
"In October 1987, he met Karla Homolka.They became sexually interested in each other almost immediately. Unlike the other girls he knew, she encouraged his sadistic sexual behaviour, also encouraging his acts as the "Scarborough Rapist."
"Bernardo was convicted in 1995 of the kidnapping, raping and murdering of southern Ontario teenagers Kristen French and Leslie Mahaffy. Homolka portrayed herself as the innocent victim of a murderous monster. She struck a deal with prosecutors (later dubbed the "deal with the devil") and pleaded guilty to manslaughter in the deaths in exchange for a 12-year prison sentence."
What i found very disturbing from this story was that this was a couple that both did a crime together and what was shocking that Karla Homolka only got manslaugther when there was evidence that she was fully involved in the murders and sexual assaults. I think they should of both got equal time for their sentences.
"Homolka's lawyers continue fighting in court to prevent the media from reporting on her life outside prison, including her whereabouts."
Homolka does have the right to protect herself from the media once she did come out of prison, because the media does have to understand that even though they want to protect them self from harmful person that did such horrifying crimes, they should understand the law and law forces have consequence for those who break the law.
Here is a example that if the rule of the court is broken there are consequences and by posting names of the victims.
"Stephen Williams, author of two books on Bernardo and Homolka, pleads guilty to breaking a publication ban by posting the names of the couple's sexual assault victims on his website. He receives a three-year suspended sentence and is ordered to do 70 hours of community service."
Here is a example of the media going over board and blocking a car from leaving.
In Canada a judge can issue a publication ban to protect the identity of a victim or a witness, and by law judges are required to issue bans to protect identities of victims of sexual assaults and witnesses to sexual assaults who are less than 18 years of age
During a trial, anything that is said or presented in court while the jury is away cannot be reported. Only after the trial can the press reveal "what the jury didn't see."
By law, judges must grant a publication ban on evidence presented at bail hearings and preliminary inquiries if requested to do so.
In general, publication bans exist to:
Ensure a fair trial for a person accused of a crime.
Ensure transparency of proceedings so Canadians know that crimes are prosecuted, and punished if proven.
Ensure privacy of people who may be affected by the information divulged in court.
Publication bans are often imposed when children are involved, to protect them from harmful publicity. In Ontario, it is illegal to reveal the names of children involved in hearings regarding their custody. In fact, publishing any information that would identify them, including their parents' names, their ages or sometimes even the school they attend, is banned. Federal laws, including the Young Offenders Act, prohibit identifying in the press anyone under the age of 18 who is involved in a criminal proceeding. This includes the accused, witnesses and victims, unless the victims have died.
I think publication bans in these cases are good to have because most of the time the media can go crazy and can involve harming someone or stocking them; they might even take matters in their own hands and hurt a person that is accused of a crime that is not yet proven in the court. Alot of the time it is paparazzi involded in making the story more than it is, by the stories and pictures they put up on magzines and news papers. I agree that there should be a limit in involving media in the courts for protection and privacy of people who maybe affected.
This blog is about an ex-Toronto teacher getting wrongly
accused of sexual assaulting a student and getting her reputation ruined by a
student who falsely accused her with no real evidence. The teacher that works
at Joseph Howe Senior Public School, loses her job that will be also very hard
to get back, she may still face a disciplinary hearing from the Ontario College
of Teacher. I think that this is very important new article for other people to
understand the issues that has to do with the law and how they are being
applied and affected by other people’s lives. Reading and watching this blog
that I posted shows you more about this case and how the media was involved because
they would look at this case and compare it with other case related by making
her look more of the accused then a person who is being wrongly accused.
A former Toronto teacher who was accused of sexually assaulting a teen when
he was a student at the school where she had taught has been found not guilty by
a judge.
Here is a you-tube video to get a better understanding:
Mary Gowans was being charged with sexual assault and sexual interference
for alleged incidents in 2010 involving a 15-year-old male student who is now
18. The case was heard by Judge John McMahon alone who ruled, that there were
too many inconsistencies in the testimony that he heard, and found that the
French teacher was not guilty for both charges. The judge said the teen's
evidence was inconsistent with earlier statements to police. He called those
inconsistencies "significant and troubling.” Judge McMahon later said he
couldn't be certain of the teen's version of events and said the Crown had not
met the burden of proof."
During the trial, the court heard that the pair often spent time alone
together outside the classroom. He babysat her children and they frequently
went running together. Gowans testified she did not engage in an inappropriate
sexual relationship with the former student, who cannot be named under law.
"The former French teacher said the allegations and charges against her
destroyed her life."
"After the arrest in 2010, obviously that caused a great deal of stress
in our family," Gowans told the court."
Gowans had to put up with a lot through this trial; she quits her job
because she felt like she had no choice, and her marriage ended because of the
allegations.
Outside the court Gowans spoke briefly to reporters saying:
"Obviously I'm very glad that this is over today," she said.
"The last three years of my life have been virtually destroyed as a result
of these allegations. And I'm glad it's over, but at the same time I have the
task of rebuilding my life now."
"Gowans's lawyer said her reputation has been so badly damaged that she may
never recover."
This picture show how upset and unhappy Ms.Gowan was during the trial proceedings.
“The last three years of my life have virtually been destroyed as a result of the allegations,” said Ms. Gowans, who began sobbing quietly after Justice John McMahon delivered his verdict. “I’m glad it’s over. At the same time, I have the task of rebuilding my life now… and I just want to let everybody know that I didn’t do anything.”
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