Law Times

LAW TIMES • OCTOBER 31, 2011 NEWS PAGE 5 Court says no to live tweets at trial Kingston judge concerned about devices' impact on equipment BY KENDYL SEBESTA Law Times J ournalists hoping to use so- cial media web sites and BlackBerrys inside a Kings- ton, Ont., courtroom won't be able to do so after questions surfaced about the devices' im- pact on court proceedings and equipment. "I think there is often a lot of misgivings and misunderstand- ings about new communication technology when it comes along, especially in this case with it be- ing a jury trial," says Toronto media lawyer Brian Rogers. He made the comments in the wake of rules laid out in an Oct. 19 decision by Superior Court Jus- tice Robert Maranger in a high- profi le murder case in Kingston. "But my view in general is that the courts have to learn how to embrace new technology." In the meantime, the judg- ment left reporters with limited alternatives. In the decision, Ma- ranger ruled CBC Radio-Can- ada and other journalists could have access to an affi davit and a submission by counsel. Th e rul- ing also said reporters could use electronic devices in the court- room for the purposes of taking notes, but there was a caveat. "Electronic devices that have the capability to transmit or receive wireless signals may not be set to 'silent' or 'air- port mode' settings, but must be completely powered off ," Maranger wrote. He went on to note that "for clarity, noth- ing in this order authorizes the dissemination of reports of the within proceedings from inside the courtroom." Th e decision means Black- Berrys and live social media up- dates are now off the table for journalists covering the sensa- tional case. "I think the use of social media, and particularly Twitter feeds, are just a variation on the theme of people being worried about what the impacts could be," says Rogers. "I think those impacts can be benefi cial but that you have to minimize any risks that come with it, not just simply block its use." Th e matter surfaced earlier this month after CBC Radio- Canada fi led a motion with the Superior Court requesting access to an affi davit and sub- mission of counsel in the mur- der trial of Mohammad Shafi a, Tooba Mohammad Yahya, and their son Hamed. Th e trio from Montreal is fac- ing accusations of fi rst-degree murder. Police allege they killed four relatives in an attempt to re- store the family's honour. Th e ac- cused have all pleaded not guilty. Th e issue of the impact of technology on Ontario courts isn't new, however. Th e Supe- rior Court's technology com- mittee is currently looking into matters such as digital audio re- cording in courtrooms, accord- ing to offi cials. Th e committee "was struck by the chief justice to provide input and advice on technology initiatives launched by the Min- istry of the Attorney General, such as digital audio recording, that have an impact on the oper- ations of the court," says Mohan Sharma, executive legal offi cer to the chief justice of the Superior Court. "It also serves as a forum through which Superior Court judges can raise concerns about technology, which can then be communicated to the Ministry of the Attorney General for re- medial action." However, the specifi c ac- tions the ministry plans to take on the issue of digital audio re- cording and its impact on court proceedings and equipment aren't clear at this time. "I think one of the larger questions here is, do you pro- hibit their use until the commit- tee decides or do you see it as an opportunity to learn?" says Rog- ers, who notes that Britain has recently allowed video and Wi-Fi in its Supreme Court. According to s. 136 of the Ontario Courts of Justice Act, journalists can't use electronic devices to record or videotape in- formation inside the court. Th ey can take handwritten notes. Th e act also provides for ex- ceptions to those rules if a judge sees fi t in certain circumstances. Th e act doesn't mention so- cial media web sites, however. In most instances, it falls on the in- dividual judge to decide whether or not journalists can use Black- Berrys and social media to pro- vide live updates from the court. Such issues have surfaced a few times over the last several years. In 2009, Ottawa Citizen jour- nalist Glen McGregor tweeted live from the trial of former Ottawa mayor Larry O'Brien. McGregor provided daily play- by-play coverage as allegations of infl uence peddling unfolded be- fore the courts. Th e court even- tually found O'Brien not guilty. "In the end, each judge must decide what is best for their par- ticular case and they have the jurisdiction to make those deci- sions," says Rogers. "It varies de- pending on the sensitivity of the case as well." ACCESS THE LATEST RULES OF COURT FROM WHEREVER YOU ARE ONTARIO ANNUAL PRACTICE 2011-2012 THE LATE HONOURABLE JUSTICE JAMES J. CARTHY, W.A. DERRY MILLAR, AND JEFF G. COWAN Gain a solid understanding of Ontario's civil and administrative procedural law with the Ontario Annual Practice 2011-2012. This one-stop resource gives you everything you need for your civil litigation practice, including the most relevant case law personally selected and summarized by leading experts. 1. The main volume is a single volume with the Rules of Civil Procedure as well as the most pertinent Acts including: the Courts of Justice Act, Evidence Act, Limitations Act, 2002 and the Class Proceedings Act, 1992, as well as other legislation, with annotations of the most relevant case law. 2. 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