Section 38 and the Open Courts Principle
U of New Brunswick Law Journal, Vol. 54, p. 218, 2005
17 Pages Posted: 8 May 2008
One of the changes made in Canadian anti-terrorism legislation in 2001-2002 was an amendment to Section 38 of the Canada Evidence Act. The new Section 38 allows the government to withhold a vast amount of information from participants in a wide variety of judicial proceedings. This article argues that the new Section 38 compromises the long-standing principle of open and public access to the courts.
Keywords: Canada Evidence Act, terrorism, open access
JEL Classification: K41
Suggested Citation: Suggested Citation