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Meeting the challenge

Explore the intersection of privacy, access to law, and court technology in the Internet era. Learn about protecting vulnerable individuals and ensuring fair trials while balancing privacy rights online.

georgereynolds
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Meeting the challenge

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  1. Meeting the challenge judgment preparation, privacy, and the Internet

  2. Privacy • Issues are everywhere • Information technology • Electronic government • Commercial uses of information • Court technology

  3. Access to the law • A core value of democracy • fair and public hearing • freedom of expression • Publication is basic to judge-made law

  4. Traditional means of access • Clerk’s office • inconvenient and costly • Law reports • law libraries • points of entry • Public information -- practical obscurity

  5. The challenge • Public access in the Internet age • World Library • Courts in Canada & around the world • other Internet sources • Recognize privacy requirements

  6. What is privacy? • The right to be let alone, and more • life, liberty and security of the person • secure against unreasonable search and seizure • The right to control when, how and to what extent • Not absolute

  7. Privacy outside the Courts • The general rule • Protected by legislation • PRIVATE, unless…

  8. Privacy in the Courts • Exceptions to access to the law • PUBLIC, unless… • To protect other values of great importance

  9. Fundamental values • Protecting the vulnerable • Protecting the right to a fair trial • Protecting complainants, witnesses • Protecting innocent persons from harm

  10. Protecting the vulnerable • Children • Persons under a disability • Health and social assistance statutes

  11. Right to a fair trial • Preliminary inquiry • Bail application • Voir dire • Transfer hearing

  12. Administration of justice • Minors • Sexual offences • Any other offence • violence against the person • investigatory process, witnesses

  13. Values protected by • Mandatory statutory bans • Discretionary bans • statutory or common law • Sealing orders • Judgment writing

  14. Restrictions on publication • Interim bans • Ban regarding identity • Total ban / confidentiality

  15. Privacy: more than a name • Identifying facts • accused’s identification • relationship • school, town, birth date… • Cumulative • Initials -- or...

  16. Meeting the challenge • Internet vs. the law • Judgments reviewed • hold for temporary restriction • remove information; notice • Judgments on the Internet - official or not?

  17. Meeting the challenge • Kate Welsh • Alberta Justice

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