Law Times

Law Times • January 7, 2013 New courtroom tweeting protocols criticized BY YAMRI TADDESE Law Times N ew Superior Court protocols that allow lawyers and journalists to use electronic devices in court but restrict that privilege from members of the public pose both practical problems and issues related to freedom of expression, according to a Toronto media lawyer. Counsel, clerks, law students, self-represented parities, and journalists will be able to use their gadgets to text or tweet from Ontario courtrooms effective Feb. 1 unless the presiding judge bans it. But the rule applies in reverse for all others in court: they can't use their devices unless the judge says otherwise. "Members of the public have the same freedom of expression enjoyed by members of the media and others listed on the protocol," says independent media lawyer Daniel Henry. Restrictions on using devices should apply only when absolutely necessary, according to Henry. All of those in court should know the restrictions, he adds. "Freedom of information is intimately connected to the right of citizenship and shouldn't be lightly dismissed," he says. Henry also predicts it will be practically difficult, if not impossible, to police the use of devices only by those listed in the protocol. "There is no question that the line between journalists and members of the public is blurring in relaying the information we all share." The new protocols come after a team of legal experts proposed more permissive guidelines last year. The team, put together by the Canadian Centre for Court Technology, said it was time to grant every person in court the privilege to transmit information via personal technological devices. After the proposals came out in the fall, Stephen Bindman, who was part of the centre's consultation group, told Law Times social media helps advance access to justice. "More and more Canadians are getting their information and information on the courts from social media," said Bindman. The new protocols say all of those publishing online from the courtroom are responsible for ensuring the contents of their communication don't breach publication bans. While the rules ban taking photographs, people can record audio for the purpose of taking notes but can't send it from the device. LT Page 5 NEWS ANNOUNCEMENT 13th Annual AWARDS OF DISTINCTION Presentation Ceremony and Reception Recognizing J. TIMOTHY KENNISH AND THE HONOURABLE JUSTICE EDWARD ORMSTON Tuesday, February 26, 2013 Reception – 6:00 p.m. & Presentation – 7:00 p.m. One King West, Grand Banking Hall, 1 King St. W., Toronto Price $100 (HST incl.) per person or $950 (HST incl.) for a package of 10 tickets To purchase tickets please contact: 416-327-5700 or events@tlaonline.ca T.Law_LT_Jan7_13.indd 1 12-12-21 12:44 PM Now Accepting Applications for Classes Starting in September 2013 September 2012 for Part-time, Executive LLM program for corporate counsel and practising lawyers Information Sessions Thursday, February 7, 2011 5:30 7:00 pm Wednesday, December 7th, 12:00 to -2:00pm Thursday, March 7th,2011 8:00 - 9:30 am Friday, December 9, 5:30 to 7:00pm U of T Faculty of Law, Faculty Lounge 78 Queen's Park, Toronto No registration required. Please feel free to drop in anytime during these hours. Taught by U of T Faculty of Law professors, together with top Taught by U of T Faculty of Law professors, together with international faculty from INSEAD Business School, top international faculty from MIT-Sloan School of Management and expert practitioners. NYU School of Law, and Rotman School of Management. For more information and to apply: http://www.law.utoronto.ca/programs/GPLLM.html Supported by the Association of Corporate Counsel (ACC) - Ontario Chapter and in partnership with Carswell, a Thomson Reuters business. GLLM_LT_Jan7_13.indd 1 www.lawtimesnews.com 12-12-21 10:59 AM

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