(CJFE/IFEX) – The following is a 2 December 2002 CJFE media release: Preliminary Hearing Must Be Open: CJFE December 2 – Journalists must be allowed to attend the preliminary hearing of accused serial killer Robert William Pickton, Canadian Journalists for Free Expression (CJFE) said today. “It would be a serious affront to Canadians’ right to […]
(CJFE/IFEX) – The following is a 2 December 2002 CJFE media release:
Preliminary Hearing Must Be Open: CJFE
December 2 – Journalists must be allowed to attend the preliminary hearing of accused serial killer Robert William Pickton, Canadian Journalists for Free Expression (CJFE) said today.
“It would be a serious affront to Canadians’ right to know, and to the principle of a free press, if the request to close the court was granted,” CJFE Executive Director Joel Ruimy said.
“Canadian journalists have an exemplary record of respecting publication bans during preliminary hearings. But in order to do their job properly in the eventuality of a trial, those journalists must be allowed to attend the preliminary hearing.”
Pickton, charged with killing 15 women, was set to appear Monday at a preliminary hearing, held to determine if there is sufficient evidence to take the case to trial. Publication bans are routinely ordered in such hearings to avoid influencing potential jurors.
Journalists usually are permitted to attend preliminary hearings and collect information to help them cover any eventual trial. But there are fears that media organizations from outside Canada may choose to disregard the ban and publish details of the hearing.
“The threat from foreign organizations to defy the ban should not affect the right of Canadian journalists to serve their readers, viewers and listeners,” Ruimy said.
“Indeed, in an era where the Internet has made it much easier to obtain unfettered access to information, Canada’s courts may wish to review altogether the practice of granting automatic publication bans in preliminary hearings at the request of the accused.”
Ruimy also recalled the case of nurse Susan Nelles, charged with the murders of four babies at Toronto’s Sick Children’s Hospital in 1981. The charges were dropped at the preliminary hearing and Nelles later brought a case of wrongful prosecution against the Crown. Had journalists been banned from that hearing, the details of the case would never have emerged.
CJFE is an association of more than 400 journalists, editors, producers, publishers, students and others who work to promote and defend free expression and press freedom in Canada and around the world.
