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

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

Sharon Rodrick

Monash University - Faculty of Law

Date Written: February 26, 2009

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.

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 Two (February 26, 2009). Monash University Faculty of Law Legal Studies Research Paper No. 2007/36; Melbourne Univeristy Law Review, Vol. 31, No. 2, 2007. Available at SSRN: https://ssrn.com/abstract=1350085

Sharon Rodrick (Contact Author)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

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