I have a column over at slaw.ca this week on the exclusion of witnesses. One of the issues I touch on is the balance between open access to the justice process and social media.
At the recent Canadian Forum on Court Technology, the delegates discussed proposed guidelines for the use of electronic communications in the court room. Under the guidelines, the use of communication devices in silent or vibrate mode is permitted in open court proceedings except where the presiding judicial officer orders otherwise.
The presiding judicial officer retains overriding responsibility to maintain courtroom decorum and to ensure that court proceedings are conducted in a manner consistent with the proper administration of justice. In deciding whether to restrict the use of electronic communication devices, the presiding judicial officer may consider whether there is evidence regarding factors such as:
(i) whether the use of electronic communication devices would disrupt the court proceedings or interfere with the proper functioning of the court electronic equipment; or (ii) whether the use of electronic communication devices would interfere with witness testimony, or unreasonably infringe anyone’s privacy or security.
The conference materials included a useful compendium of existing court policies.