Category: Community posts

Tell the Chief Judge what you think about online publication of criminal court information

Community posts

Update: Extension of deadline to October 1, 2015. In light of the interest shown in the issues raised by the Consultation Memo, the Chief Judge has extended the time for members of the public to make written submissions. Comments are now sought on or before October 1, 2015.

By the Provincial Court of British Columbia
Cross-posted from eNews

blog_provincialcourt_logo
Visit the Provincial Court of BC website: provincialcourt.bc.ca

The B.C. Provincial Court appears to be the only criminal trial court in Canada that provides remote online access to adult criminal court case information. You can access accused persons’ names, charges, bail orders and sentences through Court Services Online (CSO).

Online access like this raises unique tensions between fundamental principles of open courts, the presumption of innocence, and the extent to which personal information should be widely circulated when the outcome of a criminal charge is something other than conviction. The Court’s current policy is not to display case information on CSO after a case has ended if the case has resulted in a stay, withdrawal of charges, or an acquittal or dismissal. The Chief Judge is also considering whether to adopt a policy not to display information about cases that have resulted in “peace bonds” under section 810 of the Criminal Code.

Because there has not been a broad public discussion about what the limits on online publication of criminal case information should be, the Chief Judge invites members of the public, including the media, to comment on these aspects of judicial policy. A Consultation Memorandum has been posted to the Provincial Court website. It outlines the issues and asks for your views. Your comments and discussion will help the Chief Judge determine whether these policies need adjusting and whether they achieve an appropriate balance between openness and privacy considerations.

The Consultation Memorandum also deals with another issue. Members of the media have found that CSO blocks access to case information whenever a publication ban is made. The memorandum explains how publication bans work on CSO and why this blocking happens. The Chief Judge also invites comment on this policy and suggestions for reasonable alternatives.

Please read the Consultation Memorandum to find:

  • information about the policies limiting access to case information when a stay, withdrawal, acquittal or dismissal has been entered;
  • reasons for considering a change to include peace bonds, options for change; and
  • information about the effect of publication bans on the information available on CSO.

Then please send your comments by September 18, 2015 to:

info@provincialcourt.bc.ca Re: CSO Policy Consultation
OR
CSO Policy Consultation
Attention: Mr. Gene Jamieson, Q.C., Senior Legal Officer
Office of the Chief Judge, Provincial Court of British Columbia
337 – 800 Hornby Street, Vancouver, B.C.

… and share them on Twitter @BCProvCourt.

Justice Theatre Heads to Haida Gwaii for Restorative Justice Forums

Community posts

By People’s Law SchoolJustice_Theatre

This fall, the People’s Law School launches the first two of its Access to Restorative Justice Community Forums on the Haida Gwaii Islands. The forums, held in partnership with the Haida Gwaii Restorative Justice Program, will take place in Queen Charlotte City on September 15, 2015 and in Masset the following day. Additional restorative justice forums are scheduled for later in the fall in Prince Rupert and Terrace.

The aim of the community forums is to increase the use of restorative justice processes by victims of crime. The forums plan to address issues such as:

  • How can victims of crime and offenders have better access to the restorative justice approach?
  • What needs to be done to strengthen the relationships between police-based victim services and restorative justice agencies?

What is restorative justice?

Restorative justice seeks to repair the harm caused by crime by addressing the needs of victims, engaging the community in the justice process, and encouraging dialogue and healing. Restorative justice involves bringing together the victim, offender and members of the community to discuss the effects of the crime. At a restorative justice session the focus is on the impact of the crime and how to address the harm that was done.

In this approach, crime is understood not only as breaking the law, but as a violation of people, relationships and a disruption of the peace in the community.

Restorative justice principles draw from Aboriginal experience and tradition, including the belief that the community has primary responsibility for addressing crime.

You can find a description of restorative justice on the JusticeBC website.

Read more