The publication ban - finally got an answer!

Good Day Readers:

In this the electronic social media age anyone reporting on trials must be extremely careful so as not to trigger a mistrial. There have already been examples of it happening because of inappropriate comment appearing on Twitter, Facebook or Blogs. While major newspapers will, or at least should be, aware of the do's and don'ts of publication bans not necessarily so for small Ma and Pa operations such as CyberSmokeblog.

One of the trials we're currently covering is in Courtroom 214 presided over by Queen's Bench Justice Lori T. Spivak a retrial of a mistrial involving the death of a Stoney Mountain prisoner allegedly at the hands of four fellow inmates. First consideration to be established is there a publication ban on proceedings and if so precisely what does that mean? We finally got our answer when a helpful Law Courts employee suggested the obvious - ask the Crown Prosecutor trying the case so we did.

Turns out there's not so we're free to report upon anything and everything we hear and see with one important proviso. Any discussion that takes place while the jury has been excused from the courtroom is clearly out of bounds. To date there have been several instances of this and we haven't constantly been there because we're splitting our time in Courtroom 230 covering a trial in which an individual is seeking $1 million in damages ($500, 000 general the balance punitive) for alleged false arrest in an action that dates back more than 10 years. We'll have more to say shortly because on Monday (November 14) Justice Kaufman is expected to hand down his ruling.

As we stumble, mumble, fumble and bumble our way at The Law Courts we have noticed a surprising number of "little things" that would cost surprising almost nothing to implement but could make life somewhat easier not only for the layperson attending public but also staff. Very shortly we hope to arrange a meeting with the most senior court official available to present our list of suggestions. Failing that (Code for we got the bum's rush!) we'll next try to talk with an official in Premier Selinger's Office, not that we'd ever expect an audience with him but he is our MLA), and/or staff from the Minister of Justice Andrew Swann's Office at the Legislature. One way or another we'll get a "hearing" with someone and report back to you.

Sincerely,
Clare L. Pieuk

Addendum

We're not alone. Three lawyers and a court clerk were unable to answer our very basic questions about publication bans.

Once used that stumbling, mumbling, fumbling, bumbling line on a learned professor while teaching at the University of Manitoba. Thought I'd get him good but instead he got me better with his reply. "Oh yes Clare but you do it so eloquently."