31 Pages Posted: 4 Mar 2009 Last revised: 15 Apr 2009
Date Written: February 26, 2009
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.
Keywords: freedom of speech, police methods, identity, cold cases, freedom of information, suppression, non-publication orders
JEL Classification: K0, K00, K19, K29, K39
Suggested Citation: Suggested Citation
Rodrick, Sharon, Open Justice and Suppressing Evidence of Police Methods: The Position in Canada and Australia - Part One (February 26, 2009). Monash University Faculty of Law Legal Studies Research Paper No. 2007/35; Melbourne Univeristy Law Review, Vol. 31, No. 1, 2007. Available at SSRN: https://ssrn.com/abstract=1350082