Open Justice and Suppressing Evidence of Police Methods: The Position in Canada and Australia - Part One

Abstract:     
In recent years, courts in Canada and Australia have been asked to make orders suppressing publication in the mass media of both evidence given in open court concerning the particular police methods used to solve cold cases and the identities of undercover police officers involved. This article identifies the source of the courts' power to make non-publication orders and compares the tests that are used in determining whether such orders should be made. It then outlines how these tests have been applied. Finally, this article discusses the impact of these tests and decisions on the principle of open justice.

Number of Pages in PDF File: 31

Keywords: freedom of speech, police methods, identity, cold cases, freedom of information, suppression, non-publication orders

JEL Classification: K0, K00, K19, K29, K39

Accepted Paper Series