Veteran criminal defense counsel Lawrence Greenspon heard convoy hearings during the three-week occupation of downtown streets in January and February. Said that the facts were already well known and were broadcast publicly.
Defense lawyers and royal lawyers are simply "available" when seeking a ban on proceedings following a major review of federal law. I'm using a new tool. " A law governing such court orders in 2015.
Solomon of Friedman Mansour LLP Members of Friedman and Ottawa's Lawyers Association have probably flowed from extended provisions under that law in a recent National Post investigation.
However, at a recent "Freedom Convoy" bail hearing in Ottawa, some prominent convoy organizers and instigators waive their right to ban the proceedings altogether. I chose that.
It is not compulsory unless requested by the defense or the king, but bans are common during the bail phase and are often requested and permitted without discussion. This is for a well-established reason.
The ban has long been mandatory in cases involving victims of sexual assault, domestic violence, and youth.
The 2015 revision of the Penal Code has expanded that provision to include "witnesses that the court considers the order to be in the proper judicial administration," Friedman said. ..
"It may be an informant associated with the world of crime. It may be a person vulnerable due to a relationship with one of the parties, psychologically or Can be someone who can suffer emotionally. Suffering if their name is published. It may be a police officer, and we have seen them more and more recently, especially masked. As an operator, "says Friedman.
"There are many situations where bans are currently allowed, so there are new tools and people are using them."
The ban is widespread. Opens a can of constitutional worms, but in the Canadian court system, public attendance at courts (or more recently, access to virtual courts) and open sharing of details arising from those courts.
"It creates complexity in many ways," says Friedman. "It raises a constitutional issue that the principle of default is open and public to the court. It is not only (attending) the physical court, but the information in the proceedings is probably fully public.
"Of course, if there are conflicting considerations, that presumption may be rejected."
Veteran criminal defense A man, Lawrence Greenspon, was in his third year of practicing the law in 1983 and called for a ban on the publication of the names of men involved in a single murder.
"Printing his name in connection with the murder effectively ruined his life and I asked for it based on the presumption of innocence," Greenspon said. say. "I wasn't successful. Since then, I've been fighting for a ban on publishing — (publishing) ruins people's presumption of innocence and their lives."
But In the case of Tamara Rich, the organizer of the convoy, "it's a very different story," Greenspon said of his prominent client.
Greenspon said in an interview that the facts of the convoy hearing were already well known and were broadcast publicly during the three-week occupation of downtown streets in January and February.
"There was nothing offered by asking for a publication ban," says Greenspon. "The original basis for the ban on bail is to protect the minds of the jury by listening to what comes from the bail hearing so that potential juries are not prejudiced. Already chose to go only to the judge.
"Her identity is well known, the crown relied on to prove that such accusations are already well known. Claims and Evidence-In cases of certain public interest, there is really no point in asking for a ban on pubs in this situation. "
In Rich's case, the family's One exception that keeps hiding identities is a fairly common and "appropriate" exception, Greenspon says.
"Especially those who act as family members or guarantors, not individual defendants, will be potentially harmed as a result of the publication of their names, and they will not even be prosecuted. Hmm. ”
There are many reasons why lawyers seek a ban, but the Otawa convoy's bailout hearing is a prime example, and such a ban is often not required.
In addition to Lich's case, Randy Hiller's publicly announced bail hearing Not done. Subject to publication ban. Pat King's hearing was held until Natasha Carvinho's lawyer was recently changed. Natasha Carvinho demanded a ban on King's proceedings and was immediately granted.
"Ultimately, lawyers will act according to the client's instructions," says Friedman. "Then the decision not to seek a publication ban (at the convoy's bail hearing) is not inadvertent and is presumed to be a direct result of the client's instructions.
" And politically When dealing with crimes with causes and political implications, one can imagine that the accused may have wanted details of a hearing broadcast to supporters or others. "
Friedman discouraged clients from waiving the right to ban the preliminary hearing, but states that exceptions exist on a case-by-case basis.
"The impact it can have on them not only personally, but legally, far outweighs the benefits of abandoning it."
ahelmer@postmedia.com
Twitter.com/helmera
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