BarTalk April 2003
Volume 15, Number 2

Publication Ban Alerts

Two years ago, Nova Scotia embarked on an innovative mission when it launched a pilot project to allow media and their lawyers to be notified electronically when a publication ban is requested. The CBA is urging jurisdictions across Canada to consider a similar process.

In February, the CBA’s Media and Communications Law Section successfully brought forward a resolution to Council at the CBA’s Mid-Winter Meeting in Banff urging the adoption of procedures that will alert members of the public and media to publication ban orders, and provide a meaningful opportunity to oppose them.

“It’s an attempt by the CBA to look at each jurisdiction and consider what works best,” says Brian MacLeod Rogers, who helped draft the resolution. “We’re not saying there’s one magic solution for every jurisdiction, but it has to be introduced at the local level.”

The CBA policy, adopted by Council at Banff, calls for provincial/territorial authorities to adopt various procedures, primarily for sending timely notice of applications for discretionary publication bans, sealing orders and orders for in camera proceedings to media outlets and their representatives before issuance.

The resolution also asks that Crown counsel ensure that the judge presented with an application for these orders is advised of the applicable law and procedures, and that all orders are made available to media and the public.

In Nova Scotia, when a party applies for a ban, it accesses a Web site (hosted by King’s College in Halifax), and submits the details of the proposed ban. Within minutes, all subscribers to the free service – including media outlets and their legal counsel – receive notification of the proposed ban. The procedure is working well, according to Jim Rossiter of Merrick Holm in Halifax, one of the project’s founders. Before the program was in place, media outlets would place frantic calls to their lawyers asking them to appear in court – with as little as 15-30 minutes notice – to represent their interests.

“In two years, the service has been used 18 times,” says Rossiter. “It’s been successful, but for all we know, there may have been applications we didn’t know about. The true benefit has been educating lawyers and judges about notifying the media.

“I know it has had a dissuading effect on people applying for requests,” Rossiter adds. Crown counsel have told him, he explains, that they now encourage clients not to apply for publication bans, as it may tip the media off to a case that would otherwise fly under their radar screen.

New National Section: Privacy Law

At the CBA Mid-Winter meeting in Banff this past February the CBA Council approved the creation of a National Privacy Law Section. CBABC Freedom of Information and Privacy Law Section members are automatically registered in this new corresponding National Section.

The CBA National office coordinates 30 Sections, each with active membership ranging from 70 to 4,775 members. Section members are kept up-to-date on current developments in the law and interact with government and other agencies as appropriate.

To join the CBABC Freedom of Information and Privacy Law Section and become a National Privacy Law member, please call the CBABC for an enrolment form.

Many Areas of National Recognition

Do you know someone who deserves recognition for going above and beyond the call of duty? Here’s an opportunity to nominate them for a CBA award. For more information on CBA awards visit www.cba.org/awards.

The Touchstone Award recognizes a significant contribution to Canada in the area of equality in the legal profession or legal community; has undertaken a national initiative to advance equality; and is connected to the legal profession, community or judiciary - Deadline: April 17

The Ramon John Hnatyshyn Award for Law recognizes outstanding contribution to the law or legal scholarship in Canada - Deadline: April 30

The Louis St-Laurent Award recognizes distinguished or exceptional service to the objectives and goals of the CBA - Deadline: April 30

The Honourable Walter S. Tarnopolsky Human Rights Award recognizes a resident of Canada who has made an outstanding contribution to domestic or international human rights - Deadline: April 30

The John Tait Award of Excellence recognizes a public sector lawyer who – or law office that – has achieved the highest standards of professional conduct and competence, has made significant contributions to social justice or community affairs, and exemplifies pre-eminent public service - Deadline: May 15

The Young Lawyer’s Pro Bono Award recognizes outstanding pro bono legal services to the community by a young lawyer in Canada - Deadline: May 15

Sexual Orientation and Gender Identity Conference (SOGIC) Awards recognize excellence within the Canadian legal profession in advancing the cause of equality for lesbian, gay, bisexual, transgendered and two-spirited people - Deadline: May 31

PAJLO Awards are offered to law students for written works relating to common law or civil law - Deadline: June 15

Zimbabwe Project

The CBA has teamed up with Zimbabwe’s Legal Resources Foundation (LRF) to launch a one-year pilot project to create a test-case litigation unit to help advance human rights. “The objective of the unit is to promote human rights in Zimbabwe by helping empower disadvantaged people to use the legal system,” says CBA President Simon Potter. “By increasing legal awareness, the quality of justice is improved for the people of Zimbabwe.”

The aims of the $100,000 project, funded by the Canadian International Development Agency, are to: support test cases in Zimbabwe courts; carry out litigation and advocacy activities; and enable the LRF to network with the Legal Resources Centre in South Africa. Since Canada and Zimbabwe are Commonwealth countries and both follow a common-law tradition, this project could lead to other possibilities for cooperation between the two countries.

These articles were published in the April 2003 issue of BarTalk and are subject to the copyright by the British Columbia Branch of the Canadian Bar Association, 2005, all rights reserved.