court of appeal for ontario - academicfreedom.ca

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ancourtlibelcasecomment http://civil-liberties.ncf.ca/letters/rancourtlibelcasecomment.html CIVIL LIBERTIES ASSOCIATION NATIONAL CAPITAL REGION FOUNDED 1968 www.ncf.ca/civilliberties March 12, 2012 ASSOCIATION DES DROITS CIVILS RÉGION DE LA CAPITALE NATIONALE FONDÉE 1968 At the March 5, 2012 meeting of the directors of the Civil Liberties Association, National Capital Region, Joseph Hickey, a student at the University of Ottawa and a member of their Senate, explained that currently there is an issue regarding whether to allow the public observation of out-of-court examinations of affiants and witnesses in the defamation action of St. Lewis v. Rancourt, before the Ontario Superior Court of Justice. He contends that while it is customary practice that attendance at out-of-court examinations of affiants and witnesses is not available to the public and media, these procedures form an intrinsic part of the legal process that is distinct from the private process of discovery, and that denial of public observation of these court processes acts to limit the Charter right to freedom of expression, which includes freedom of the press. We understand that the examinations of affiants and witnesses will relate to a report of the Student Federation of the University of Ottawa (SFUO) about systemic discrimination at the U of O and a University evaluation of the SFUO's report authored by the Plaintiff, Joanne St. Lewis, a law professor at the U of O. It was a published criticism of her report by the Defendant Denis Rancourt that occasioned the statement of claim, or so we have been informed. We agree with Mr. Hickey that transparency is a vital component of a well-functioning justice system in a democracy. Particularly on a matter relating to freedom of expression, the public should be able to know firsthand the relevant facts leading up to the moment when the Defendant expressed himself and which is now the subject of a legal action. We understand Denis Rancourt is self-represented. In this case, it is especially important in an adversarial system that non-partisan observers be allowed, in the interests of having something more approaching balance in the courtroom. 1 of 2 3/12/2012 8:58 PM
ancourtlibelcasecomment http://civil-liberties.ncf.ca/letters/rancourtlibelcasecomment.html Transparency in the courts is of concern to our Association, in view of promoting a fair and just legal system for all Canadians. It is our Association's position that a high degree of caution be exercised regarding any legal measure that would limit public access to court procedures. 2 of 2 3/12/2012 8:58 PM
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Page 7: TAB 1
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Page 13 and 14: pornt. 68. Submissions - Mr L-/CClI
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Page 17 and 18: 136. Reasons for Decision - Master
Page 19 and 20: TAB 3
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Page 57 and 58: ,v1ay, 9. 2012 l:19PM No, 1695 P 4/
Page 59 and 60:
May, 9. 2012 l:20P[1 No, 1695 P 6/
Page 61 and 62:
TAB 7
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NAME OF WITNESS: MR. ALLAN ROCK (i)
Page 65 and 66:
1 A. I've answered your question. 2
Page 67 and 68:
1 A. No. 2 186 Q. None? 3 A. No. 4
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TAB 8
Page 71 and 72:
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Page 73 and 74:
Class Proceedings Act. In these ins
Page 75 and 76:
TAB 9
Page 77 and 78:
Statute or Rule Governing Place of
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