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

31 Pages Posted: 4 Mar 2009 Last revised: 15 Apr 2009

Sharon Rodrick

Monash University - Faculty of Law

Date Written: February 26, 2009

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.

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

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

Sharon Rodrick (Contact Author)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

Paper statistics

Downloads
103
Rank
214,168
Abstract Views
595