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Meeting the challenge

Meeting the challenge. judgment preparation, privacy, and the Internet. Privacy. Issues are everywhere Information technology Electronic government Commercial uses of information Court technology. Access to the law. A core value of democracy fair and public hearing freedom of expression

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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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