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

Abstract:     
The purpose of this article is to identify and analyse, from the perspective of the principle of open justice, the response of courts in Canada and Australia when requested by the police to suppress publication in the mass media of evidence given in open court concerning a particular police method that has been used to solve cold cases. Part One discussed the source of the courts' power to make non-publication orders and compared the tests that are used in these two jurisdictions to determine whether such orders should be made. It then identified several practical, procedural and technical issues posed by non-publication orders that were highlighted in these cases, as well as some unresolved issues of statutory interpretation, and considered how these issues impacted on open justice. Part Two will deal with the substance of the decisions of courts and will evaluate them from the perspective of open justice.

Number of Pages in PDF File: 20

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