Do Manitoba courts provide adequate guidelines for social media users?

Chief Justice McLachlin before and after reading CyberSmokeBlog


Good Day Readers:

Someone recently said, can't remember who it matters not, the personal computer and internet have given everyone the equivalent of a modern day Gutenberg Press. Potentially anyone is a citizen journalist operating in a global market.

As she correctly noted in her address yesterday to Carleton University students (below), reporting courtroom proceedings in no longer the exclusive purview of the traditional journalist. However, is the system adequately protected from mistrials inadvertently caused by bloggers, Twitter users and Facebook postings that publicly make available inappropriate information while a trial is still underway because  inadequate guidelines/policies governing public disclosure have not been developed? In the case of Manitoba, we would respectfully submit the answer is more than likely a resounding "NO!"

We refer you to our earlier articles, Bloggers' rights coming to Manitoba Law Courts ..... soon? (January 16) and Social media in the courtroom! (January 18) in which issues were raised based on hours spent trolling the hallways of the Law Courts Building going from courtroom to courtroom. In the near future we will be preparing a third article containing further recommendations/suggestions. It too will also be made available to the same administrative official. To date we have received no acknowledgement.

Assuming Manitoba's Law Courts use a business management model similar to its Legislature, Queen's Bench Chief Justice Glenn Joyal likely chairs an internal committee responsible for the facility's overall operation. After a reasonable period of time, should we not receive a response to our previous e-mail we will package these suggestions/recommendations for conveyance directly to His Lordship - they are simply too important not to be brought to his attention.

We will then have done our duty to God and Queen, so to speak, and will no longer continue to flog a dead horse. Hopefully, we will not find ourselves in a position to be able to say, "We told you so!" when a mistrial is declared because of a social media error.

Sincerely,
Clare L. Pieuk
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Chief Justice Beverley McLachlin addresses packed room at Carleton
By Muhammad Mohamed
Wednesday, February 1, 2012

McLachlin's address January 31 focused on the courts relationship with the media (Photo by Carol Kan)


The media are essential to building people’s confidence in the legal system, Chief Justice Beverley McLachlin told a packed room at Carleton, January 31.

McLachlin’s address in Carleton’s brand new River Building focused on the court’s relationship with the media as part of the law department’s Chet Mitchell Memorial Lecture Series.

Considered by many as one of the most powerful people in Canada, McLachlin is the first woman ever to serve as the chief justice of Canada.

In her address, McLachlin emphasized the role of the media when it comes to reassuring the public that they enjoy the full confidence of the judiciary system.

“[The media] has the unique ability to inform the public as to legal proceedings and the administration of justice which is essential for building confidence,” she said.

“The media needs to report, not uncritically, but accurately, so that the public knows what kind of judiciary it has, and it can have confidence in it.”

She praised the media for carrying that task out successfully more often than not and said that unfair press coverage in Canada is rare because of the lofty standards of journalism.

“We would be naïve not to acknowledge that occasionally, and I’m happy to say that in Canada it is very occasionally incomplete, distorted, or one-sided press coverage can cause lasting damage,” McLachlin said.

“Fortunately, the high standards of journalistic ethics which we enjoy in Canada make such incidents rare.”

McLachlin urged citizens to get involved with the legal system and check out their local courthouses, reminding them that courts are public property.

“Our courts are open but how many of you have taken the time to go down to the court on Elgin Street or the Supreme Court of Canada?” she asked the crowd.

She also warned of the growing dangers of citizen journalism, and said while some citizen journalists do provide insightful views, others fall desperately short of journalistic standards.

“The explosive growth of new media signals a shift on who reports on legal proceedings,” McLachlin said.

“Court decisions may no longer be the preserve of trained, professional journalists — anyone with a keyboard and access to a blog can now be a reporter.
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“Will accuracy and fairness be causalities of the social media era?”

The use of social media in courts was also brought under the scanner by McLachlin, who joked about judges tweeting while they passed their verdicts.

Third-year law student Sunny Cohen said the event was a great chance for her to see the most influential figure in the Canadian justice system.

“As a legal studies student, it was great to have the opportunity to listen to somebody like the chief justice talk about the substantive issues we discuss in class,” Cohen said. “It’s nice to see her outside of the ivory towers, just on the basis of talking to us as students. It’s just a great opportunity for students and something we can gain a lot out of.”