Victim Privacy and the Open Court Principle
Department of Justice Canada, 2003
Posted: 15 Mar 2012 Last revised: 28 Oct 2013
Date Written: March 1, 2003
This Report takes a comprehensive look, in the administration of justice, at the tension between victim privacy and the open court principle. It discusses the common law foundations of openness in the justice system, and analyzes the Supreme Court of Canada’s decisions on this issue under the Canadian Charter of Rights and Freedoms. In considering the status of victims in the criminal justice system the Report focuses on privacy rights, especially for complainants in sexual assault proceedings. It includes chapters which offer comparative, transnational and international perspectives and the author’s reflections on these questions, as well as an extensive bibliography. The Report was commissioned by the Policy Centre for Victims Issues, Research and Statistics Division of the Department of Justice (Canada).
Keywords: victim, privacy, court, principle, charter
JEL Classification: K14, K40, K41, K42, K49
Suggested Citation: Suggested Citation