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Postmedia’s lawyers are appealing a judge’s decision not to release any information about a secret trial that recently began at the British Columbia Supreme Court in Vancouver.
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On June 30, attorneys for the media organization appeared before Chief Justice Christopher Hinkson of the Supreme Court to gain access to materials related to the dossier in order to challenge any publication ban or restraining order on access imposed in the case.
But after a brief hearing, the judge said that the matter before him was one of those “rare and exceptional” cases where the principles of open hearing do not apply and dismissed the request.
Postmedia’s appeal, filed with the BC Court of Appeal, seeks a series of orders, including allowing the appeal and setting aside Hinkson’s order.
The news organization, which publishes The Vancouver Sun and Province newspapers, is also seeking to be given standing to challenge any order restricting the opening of the courts and to be given the right to access pleadings in the action.
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Several days before Hinkson’s appearance, a reporter had attempted to cover the civil proceeding, which was expected to last six weeks according to the court list, but was told the case was going behind closed doors. The reporter had to leave the courtroom.
A civil registry employee said the file was sealed and refused to provide the names of the lawyers involved in the case. A court spokesman said he was not in a position to disclose any information.
The court has a publication ban notification system. but a notification check going back to July 2020 revealed no apparent bans in the case.
The federal Justice Department, on behalf of Canada’s Attorney General, who is the named defendant in the case, said in an email that the court makes the sealing and chamber orders, which must consider relevant legal principles.
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The department said it was unable to provide any additional information about the proceedings.
Court proceedings in Canada are presumed to be open to the public and orders displacing the open hearing principle may adversely affect the rights of Canadian citizens and the media to observe and report on court matters.
From time to time, proceedings are held temporarily behind closed doors to address discreet and valid issues, such as questions from police informants.
But trials are rarely completely secret and closed to the public.
Another secret trial recently came to light in Quebec, but only because a police informant charged in the case appealed his conviction and the Quebec Court of Appeal issued a heavily redacted ruling criticizing the lower court’s proceedings.
Most of the details of the Quebec case were sealed, including the nature of the crime and where it allegedly took place, the name of the police force involved and the names of the lawyers.
The Quebec high court is reviewing a request from various parties, including the media, to reveal more details of the case.
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