The judge's refusal to apply for media information about the case deepens the mystery of the secret trial in Vancouver.
Surrounding a secret trial in Vancouver after the judge dismisses it A media application for information about mysterious incidents.
On Monday, a post-media reporter had to leave court in a civil proceeding BC. Chief Justice of the Supreme Court, Christopher Hinkson, the first day a 31-day trial was scheduled.
The case called "Nominated Person vs. Attorney General of Canada" took place in the camera or in a closed room.
The court file was also ordered to be sealed, and the court register and court spokesman refused to provide details, including even the names of the lawyers involved.
Therefore, on Thursday, a Postmedia lawyer appeared in front of the Chief Justice of the Public Court seeking numerous orders.
Scott Dawson, without access to evidence and without even knowing the nature or details of the proceedings, his main purpose was to object to the publication ban and seal order imposed by the judge. To sue.
Dawson asked the court to grant its legal status in the proceedings and the right to access the materials of the case for the purpose of pursuing the court's application for openness. ..
A longtime media lawyer said that the complete closure of the proceedings is "very rare" in Canadian courts.
"In my view, it really undermines public confidence. There is always something to say."
Dawson estimates that Canadian courts are open. The order, which replaces the principles of the open court, said it would adversely affect the right of Canadian citizens and the media to monitor and report on the work of the court.
He is Rv. Mentuck and Dagenaisv. Cited years of legal testing in media cases, including CBC cases. The beneficial effects of proper management and prohibition of justice outweigh the negative effects on the rights of the people.
The judge has granted Postmedia's status to apply for access to records, but refused to grant Postmedia's status to apply for secret trials. Said.
He said he carefully considered the cases of Dagenais and Mentac, and other cases, in making his discretionary orders.
However, he said that his previous issue in secret trials was one of the "rare and exceptional" cases to which the open court principles announced in previous cases did not apply. We have concluded that we have rejected Postmedia's application.
Earlier this week, the Federal Ministry of Justice refused to disclose information about the case, alleging a court seal and in-camera order that required consideration of relevant legal principles.
"Therefore, the Department of Justice cannot provide additional information about the procedure," a spokesman for the Department of Justice said in an email.
Montreal's longtime media lawyer, Mark Bantei, said it was "very rare" for judges to never disclose information.
You may need to keep the court open to the public, such as in a counterterrorism judicial inquiry or when the identity of a police informant is an issue.
Bantey said there was a recent case of a secret trial in Quebec, in which case the state Court of Appeals also released some information.
"I think it's unusual for you to get no information at all."
kfraser@postmedia.com
twitter .com / keithrfraser
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