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Open Court
INTRODUCTION
General
'Open court' is a relatively new doctrine, widespread in all forms of litigation (civil, criminal and administrative), with - allowing for the 'local' nature of the specific field involved - wide cross-over in case principles between those different fields. It involves public access to court files and proceedings - though the court/tribunal orders that involves can take several forms: eg. publication bans, sealing orders, document redaction, protective orders, anonymization and initialization orders, recording of proceedings and more.
Leading Case
The leading open court case of Sherman Estate v. Donovan (SCC, 2021) holds that:[1] This Court has been resolute in recognizing that the open court principle is protected by the constitutionally‑entrenched right of freedom of expression and, as such, it represents a central feature of a liberal democracy. As a general rule, the public can attend hearings and consult court files and the press — the eyes and ears of the public — is left free to inquire and comment on the workings of the courts, all of which helps make the justice system fair and accountable. The 'Sherman test' is very similar, if not identical, to the RJR-Macdonald 'interlocutory-injunction/stay' test.
Application
'Open Court' is a common law doctrine which applies broadly in civil, criminal and administrative law. Open court doctrine may be limited in any of these areas by specific statutory provisions (eg. Criminal Code, Access to Information Act (Cda), etc) that govern the same issues that it does.
CASES
General
Open Court - General
Open Court - Application (+)
Open Court - Practice
Sherman
Open Court - Sherman Test (+)
Types of Orders
Open Court - Publication Ban
Open Court - Redactions
Open Court - Anonymization
Open Court - Sealing Orders (+)
Open Court - Recording of Proceedings
Open Court - Closed Hearings (In Camera)
Open Court - Protective Orders (aka 'Court-Imposed Confidentiality Agreements')
Competing Doctrine and Interests
Open Court - Solicitor-Client Privilege
Open Court - Settlement Privilege
Open Court - Informer Privilege
Open Court - Privacy
Open Court - 'Dignity'
Statutory
Open Court - Criminal Statutory
|||Public hearings [Courts of Justice Act, s.135 (Ont)] [LINKED from /Courts]
|||Prohibition against photography, etc., at court hearing [Courts of Justice Act, s.136 (Ont)][LINKED from /Courts]
|||Documents public [Courts of Justice Act, s.137 (Ont)] [LINKED from /Courts]
Other
Open Court - Administrative
Open Court - New Order Required Up the Appellate/JR Stream?
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