ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: 10677
DATE: 2012/03/05
BETWEEN:
HER MAJESTY THE QUEEN – and – DAVID HATCH
J. Spangenberg, for the Crown
D. Crawford and M. Hilliard, for the Accused
HEARD: March 2, 2012
R U L I N G
Rady J.
[1] Ms. Sims, on behalf of the London Free Press, applies for permission to have copies of exhibits filed during the course of trial.
[2] Neither Mr. Spangenberg for the Crown, nor Mr. Crawford and Ms. Hilliard for the defence, object.
[3] I can do no better than adopt the following passage from Justice Heeney’s ruling on a similar request in R. v. Rafferty, 2012 ONSC 1162 :
The second issue related to the means by which copies of exhibits will be provided to the media. We operate under an “open courts” policy, and there is no reason why any videotape, photograph or other exhibit seen by the jury during the course of the trial should not also be seen by the general public, on the nightly news or in the morning paper or on the internet. This would, of course, be subject to certain exceptions, such as material that is overly graphic, or information that is protected by a legal privilege of some kind.
[4] As a result, the following arrangements are being made for the provision of copies of exhibits to the media:
An order will go that Ms. Sims is entitled to receive copies of all exhibits filed during this trial, including exhibit lists, unless an order is specifically made to the contrary.
She will file a written request with the Trial Coordinator.
The Crown Attorney shall file with the Trial Coordinator an additional copy of any exhibits to be tendered at that day’s proceedings, in the form of a DVD, CD or in paper form.
The Trial Coordinator shall burn a copy of each DVD or CD, or make photocopies of any paper exhibits within a reasonable time, and preferably by the end of that day’s proceedings.
No exhibits shall be published or broadcast in any manner unless and until those exhibits have been presented in open court before the jury.
Justice H. A. Rady
Released: March 5, 2012
COURT FILE NO.: 10677
DATE: 2012/03/05
ONTARIO SUPERIOR COURT OF JUSTICE HER MAJESTY THE QUEEN – and – DAVID HATCH RULING Rady J.
Released: March 5, 2012