JUDGE STRIKES down
mandatory minimum ................ 1
ONTARIO SUPERIOR Court
tweaks tweets rulebook...........1
SUPREME COURT split
underpins new trial order .........1
VANCOUVER RIOT case court
TV is cancelled.........................2
B.C. LAWYERS cool to justice
system review.......................... 4
IS CANADA flying closer to the
flame? ...................................... 5
NEW ETHICS code takes effect
in Nova Scotia.......................... 9
Real Property
CITADEL HILL’S decade-long
battle nearing end.................. 10
FIRE ALARM ruling heard loud
and clear ................................ 12
REGULATION INTACT,
association pulls back ............ 13
Criminal Law
IS ‘NO contest’ a door best left
closed? ................................... 14
GEOFF HOWE / THE CANADIAN PRESS
Trials for those charged in the Vancouver riots last June are no longer set to be televised after the direction was withdrawn by B.C. Attorney General Shirley Bond.
MINIMUMS TAKE plea
bargaining off table ................ 15
Riot case court TV is cancelled
JEREMY HAINSWORTH
BUSINESS & CAREERS
DANGERS CREEP up quickly
from behind............................ 20
GRAPPLING WITH the ‘guanxi’
concept in China .................... 22
DEPARTMENTS
Announcements. . . . . . . . . 21
Careers ............... 22
Classified Ads . . . . . . . . . . 19
Lawddities............. 11
Names in the News. . . . . . . 4
Weekly Digest.......... 16
British Columbia’s attorney
general has withdrawn a direction that Crown prosecutors
apply to provincial court judges
to televise the cases of those
charged with offences related to
the June 2011 Stanley Cup final
riot in Vancouver.
The decision from Attorney
General Shirley Bond came
after the judge in the first case
refused such an application,
saying the issues were complex
and would necessitate his having an amicus curiae as well as
further submissions.
Judge Malcolm MacLean, in
his Feb. 13 ruling, also noted
that the B.C. Crown Counsel
Association had sought an
exemption from having prosecutors’ images broadcast.
The case before Judge MacLean in Vancouver Provincial
Court was that of Ryan Dickinson, 20, who pleaded guilty
Jan. 6 to participating in the
riot and being in breach of a
recognizance.
“I am not satisfied the attorney general has demonstrated
under the provincial court
policy or otherwise that Mr.
Dickinson’s sentencing hearing
should be broadcast,” Judge
MacLean ruled.
He said the application was
brought under the Policies
Regarding Public and Media
Access in the Provincial Court of
B.C. Those policies affirm the
common law prohibition on the
use of recording devices in court
unless a judge, at his or her discretion, decides it is in the public
interest and will not affect the
right to a fair trial, cause witness
discomfort, deter witnesses in
future cases, cause additional
court expense or hamper the
administration of justice.
Judge MacLean said he was
not deciding whether broadcasting in future cases was appropriate or not. He said there were
many outstanding questions
about the use of broadcast technology and its implications for
the dignity of the court. And, he
observed that the attorney general had, in the past, identified
trial fairness as the basis for
objecting to broadcasting trial
proceedings.
“In view of the constraints,
including the imminent sentencing of Mr. Dickinson, the lack of
his consent, the lack of relevant
and necessary information and
the need for the assistance of an
amicus curiae, I am satisfied
that proceeding further with the
broadcast application in this
case is not appropriate,” Judge
MacLean ruled. “Mr. Dickinson
is in custody and I will not delay
Bond
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direction issued to Crown coun-
sel has been rescinded.”
The provincial government
had made the televising of cases
a priority to the point of includ-
ing it in October’s Throne
Speech.
Critics of the government’s
initial stance have said the
demand that cameras be in the
courtrooms amounted to public
shaming of those charged and
that it was politically motivated.
Judge MacLean addressed
that suggestion directly: “I have
not found that this application
or any actions taken in the pros-
ecution of this matter are polit-
ically motivated.”
While the B.C. Civil Liberties
Association agrees with greater
public access to courts, the riot
matter was the wrong way to go
about it, said executive director
David Eby said.
“Our concern was that rushed
proceedings in a highly politi-
cized, charged case could jeop-
ardize increased openness and
increased public education
about our legal system.”
He said the proper way to
approach such a situation is
through dialogue with the judges
and other stakeholders. “This
felt like it was done over the
objections of the Criminal Jus-
tice Branch,” he said. “It’s just
not the way to do it.”
As of Feb. 13, according to the
Vancouver Police Department,
350 criminal charges against 125
suspected rioters have been rec-
ommended to the Crown. n
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his sentencing hearing.”
(Dickinson had yet to be sen-
tenced at press time. Crown
Attorney Patti Tomasson was
seeking 18 months, arguing all
rioters are guilty of robbing resi-
dents of their sense of security.)
Bond said in a Feb. 13 statement that the point of televising
was to broaden access to court
proceedings for members of the
public who were unable to attend
in person.
“Today’s decision by the prov-
incial court does not decide the
merits of all riot broadcast
applications, but does raise
additional questions,” the attor-
ney general said. “The approach
laid out by the judge in this
decision is expected to consume
more time than anticipated.
That is why we are taking a step
back to ensure that ongoing
trials are not delayed.”
Bond said the province
remains committed to seeing
more timely justice and greater
transparency. “If we must choose
between the two, we will pursue
timely justice. Accordingly, the
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