Backgrounder

May 24, 2007

The McGuinty government is taking action on all 17 recommendations made by the Panel on Justice and the Media, in consultation with the judiciary and others, where appropriate. Much progress has been made, and the government is committed to doing all it can to improve mutual understanding and interaction between the justice and media sectors.

Recommendation #1: Access to Court Records

• The staff directive covering all of the ministry's policies and procedures governing access to court files, documents and exhibits will be posted on the ministry's website by the end of June to ensure the media and public understand the current direction to court staff
• The ministry is mindful of the need to regularly review and update its policies, together with the judiciary, to ensure that appropriate access to court records is provided
• The ministry is taking steps to ensure the consistent application of these policies and procedures across the province through regular and ongoing meetings, communications and training of more than 3,800 staff who work in Ontario's courthouses
• A new court support college certificate program will include training on justice-media issues to raise awareness among future court workers.

Recommendation #2: Use of Tape Recorders

• The restriction on the use of tape recorders in court is codified in the Courts of Justice Act and would require a legislative amendment to remove the restriction. The McGuinty government will consult with the judiciary and is committed to introducing such an amendment
• The ministry is conducting a policy review and analysis, and developing options in consultation with the Chief Justices for potential amendments to the Courts of Justice Act to permit the unobtrusive use of tape recorders by lawyers, parties representing themselves and journalists at a court hearing without prior approval of the judge
• In the interim, the ministry is consulting with the judiciary on new signage for all courthouses across Ontario that would more accurately reflect the 1989 Howland Practice Direction, which can permit such use without prior approval of the presiding judge.

Recommendation #3: Cameras in the Courtroom

• In January 2007, the Attorney General announced an agreement with Chief Justice Roy McMurtry to pilot cameras in the Court of Appeal
• A launch is anticipated by summer
• The pilot will include real-time webstreaming on the Court of Appeal's website with 90-day archiving to maximize public access. As well, same-day DVD copies of proceedings will be provided to the media twice a day to accommodate newscast schedules
• The DVDs may also be used by journalism schools, law schools and other organizations for training and educational purposes.

Recommendation #4: Media Facilities at the Courthouse

• A media contact person has been appointed in every Ontario courthouse to provide information and facilitate access to documents and courtrooms. Any media questions or issues that cannot be resolved by counter staff should be raised with these media contacts
• Some courthouses have dedicated media workspace. Where there is no dedicated room, the ministry works with local media to accommodate requests on an as-needed basis
• For large-scale proceedings, the ministry has created a media information package template that can be tailored for each case. This package includes details on reserved seating, parking, workspace, how to access case documents and transcripts, as well as scheduling, party and counsel information.

Recommendation #5: Media Lock-ups

• The Court of Appeal and the ministry are currently discussing the potential for media lock-ups. This recommendation is within the Court's jurisdiction
• The Court has begun outreach to the media on this issue.

Recommendation #6: Affordable Access to Court Records

• The ministry has halved photocopy fees from $2 to $1 in the Court of Appeal, the Superior Court of Justice and provincially-administered Ontario Court of Justice courts
• The ministry has slashed by more than two-thirds the civil file inspection fee in the Court of Appeal and the Superior Court of Justice to $10 from $32. Currently, there is no file inspection fee in criminal and family court matters
• Copies of judicial interim release papers are provided to accused persons free of charge upon the accused's release
• The ministry is reviewing its policy with respect to charging photocopy fees for criminal informations and indictments to accused persons.

Recommendation #7: Continuing Professional Education

• The ministry is working with the Radio-Television News Directors' Association (Dave Trafford of CFRB and Scott Metcalfe of 680 News), the Advocates' Society, and Legal Aid Ontario to develop and facilitate learning opportunities for professionals and professional organizations.

Recommendation #8: Post-Secondary Professional Education

• The ministry has begun approaching law and journalism schools on how best to encourage and facilitate inclusion of justice-media issues in their curricula
• We will consult our justice-media education working group for advice as this work unfolds
• In addition, Ontario's first court support college certificate program will include training on justice-media issues to raise awareness among future court workers.

Recommendation #9: Public Education

• The Ontario Justice Education Network, supported by the ministry, is developing new learning modules on the justice-media relationship for use in high schools across the province.

Recommendation #10: Notification of Publication Bans

• The ministry is conducting a cost and technology analysis and will be consulting with the Chief Justices and other jurisdictions to determine how best to proceed.

Recommendation #11: Electronic Access to Court Records

• The ministry website now links to weekly Court of Appeal docket information and to judgments of the Court of Appeal, the Superior Court of Justice and the Ontario Court of Justice
• Research is underway to identify legal, policy and resource issues relating to on-line docket information
• In the meantime, the ministry is developing a pilot program to provide electronic docket information in selected courthouses.

Recommendation #12: Online Media Guide

• The ministry has developed a "media resources" section on its website that forms the base of a guidebook. This section will host additional materials as they are developed and links as they are identified.

Recommendation #13: Public Justice-Media Website

• The "media resources" section of the ministry website was created within days of the release of the Panel's report. It contains information on many of the elements listed in this recommendation, including the roles of all participants in the justice system, the structure of the justice system, hyperlinks to docket information and judgments, and other online justice-media information.

Recommendation #14: Justice-Media Liaison Committee

• The Attorney General has established this committee pursuant to the Panel's recommendations. The membership includes:
  • Sue Sgambati, veteran crime journalist from Court TV Canada
  • Dianne Wood, justice and courts reporter for the Kitchener-Waterloo Record
  • The Honourable Justice Russell Juriansz of the Ontario Court of Appeal
  • The Honourable Justice James Carnwath of the Superior Court of Justice
  • The Honourable Justice Joseph A. De Filippis of the Ontario Court of Justice
  • Chief Paul Hamelin of the Midland Police Service, a former president of the Ontario Association of Chiefs of Police
  • Hilary Linton, a Toronto lawyer and mediator, representing the Ontario Bar Association
  • Thomas G. Conway, a civil and commercial litigation lawyer in Ottawa, representing the County and District Law Presidents' Association
  • Ralph Steinberg, a Toronto criminal defence lawyer, representing the Criminal Lawyers' Association
  • Brian Rogers, a Toronto-based media lawyer
  • Elizabeth Bucci, counsel in the Ministry of the Attorney General's Courts Services Division, who will serve as committee chair
  • Michal Fairburn, counsel in the ministry's Criminal Law Division
  • Ellie Sadinsky, director of the ministry's Communications Branch
• The Committee met for the first time on May 10, 2007.

Recommendation #15: Press Conference/Public Commentary

• The 1998 document, "Protocol Regarding Public Statements In Criminal Proceedings" has been referred to the Justice-Media Liaison Committee for review as recommended.

Recommendation #16: Sub Judice Contempt Rule

• Information about the sub judice rule—part of the law relating to contempt of court—is posted on the ministry website in the "media resources" section.

Recommendation #17: Shield Law

• The ministry is conducting a legal and policy analysis of the issues involved in shield laws.

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