Openness- a Challenge to Democracy
...tp://www.cbc.ca/news/background/publicationbans/ . Freedom of press is integral and essential attribute of a free and democratic society. The interest of the media to publish and broadcast the information about the criminal trial allows openness which in turn results in accountability, transparency and consequently the fair administration of justice. A media ban was imposed in the Homolka- Bernardo criminal trial “Publication bans:What the media can’t say”(on-line) http://www.cbc.ca/news/background/publicationbans/. This decision made by Mr. Justice Kovacs of the Ontario Court (General Division) was an extremely controversial one that many did not agree with. On Monday, July 5th , 1993 Justice Kovacs ruled that in the interest of ensuring a fair trial the public would not be allowed to hear all the details of the murders of Kristen French and Leslie Mahaffy during the trial of Karla Homolka until after Paul Barnardo’s case was concluded3. “The Murder Trial: Genre or Event Scene?” (on-line) http://www.ctheory.net/text_file.asp?pick=139. Regardless of the appropriateness of Justice Kovac’s decision of ordering a publication ban, he had sufficient legal authority to implement this ruling. Criminal Code of Canada, Section 486(1) provides that any proceedings against an accused shall be held in open court, but where the presiding judge is of the opinion that it is in the interest of public morals, the maintenance of order or the proper administration of justice to exclude all or any members of the public from the court room for all or any of the proceedings, he or she may so order4, “Victim Privacy and the Open Court Principle”(on-line) http://canada.justice.gc.ca/en/ps/rs/rep/rr03_vic/rr03-vic_003.html. The Homolka-Bernardo criminal trial encompassed publication ban on the following four fronts5: 1. The Canadian News Media, on proof of accreditation to the Court Services Manager, be admitted to the trial 2. The public be excluded from the court room, with certain exceptions 3. The Foreign Media be excluded from the court room 4. No publication of the circumstances of the deaths of any persons referred to during the trial however, certain procedural matters may be published. “Queen v. Karla Homolka, Queen v. Paul Bernardo aka Teale [1993]” The News media and the public at the Bernardo trial were not allowed to view graphic videotapes depicting sexual violence as well as physical violence against the victims, however they were allowed to hear the soundtrack”Bernardo author exonerated”(on-linehttp://www.canoe.ca/CNEWSLaw0011/bernardo_30-cp.html). “The public pictorial display of these videotapes has virtually no redeeming societal value and will seriously affect the families, friends and I suspect a large number of Citizens” (Chief Justice Patrick LeSage)6. Publication ban issued in regards to the Bernardo and Homolka trials were not complied with due to the fact that the big media players felt this ruling as an obstruction of free press. Many media players argued the bans before the Ontario Court of Appeal, the appeal court however, refused to overturn the publication bans, restating their reasoning behind them. The Court’s ruling outraged the media, which lead them to protest their feeling on the matter in print and on air against the publication bans”. This act in turn directed more discussion to the Homolka and Bernardo trials ”Publication bans: What the media can’t say”(on-line) http://www.cbc.ca/news/background/publicationbans/. In October 1994, the The Toronto Star newspaper lashed out at the Toronto Sun newspaper for their irrespo...