Section 38 and the Open Courts Principle

U of New Brunswick Law Journal, Vol. 54, p. 218, 2005

17 Pages Posted: 8 May 2008

See all articles by Jeremy Patrick

Jeremy Patrick

University of Southern Queensland School of Law

Abstract

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

Patrick, Jeremy J., Section 38 and the Open Courts Principle. U of New Brunswick Law Journal, Vol. 54, p. 218, 2005, Available at SSRN: https://ssrn.com/abstract=1130447

Jeremy J. Patrick (Contact Author)

University of Southern Queensland School of Law ( email )

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