Canadian Lawyer

May 2010

The most widely read magazine for Canadian lawyers

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Angels, the Kelowna East Side chapter of the Hells Angels, and suspected ties to the UN Gang in the Lower Mainland. Mastop has appeared at a bail hearing and was released on a $25,000 bail with the conditions he not practise law, have no contact with past or current members of the Greeks or Hells Angels, and stay away from witnesses who may testify at the trial. A publication ban was placed on the submissions and reasons given by the defence and Crown during the bail hearing. His jury trial is scheduled for April 4, 2011. The Law Society of B.C. has stated it has started a prelim- inary hearing into Mastop's conduct, which is separate from the police investigation, but will not advance the investigation until the courts have ruled in the case. The arrest of Mastop drew surprise from his peers in the Okanagan, with news- paper comments that he was a respected member of the bar. Mastop's web site states he has a degree in criminology from Simon Fraser University as well as a law degree and was called to the bar in 1995. He has served as the president of the Vernon Bar Association. — JS the answer to public trust in courts education, not cameras, p ublic education rather than cameras shape public con- fidence in the court system, concluded a recent study by Simon Fraser University criminologist and lawyer Neil Boyd. James M. Bond, president of the British Columbia branch of the Canadian Bar Association, which commissioned the study released in March, says public confidence in the justice system requires an investment in ensuring public knowledge and understanding of the courts, not just a "quick fix" of pla- cing cameras in the courts. "There are already policies in place at both the provincial and Supreme Court level, which allow for cameras to be in the court and proceedings to be broadcast to the public," says Bond. "The key is that there are times when public interest in having cameras there may not always outweigh the interests of ensuring that justice is served for all parties. For example, family law matters should never be broadcast; those are pri- vate, often emotional, disputes that can include children. We believe their privacy should be protected. "There are many interests, both public and private, that have to be balanced when considering cameras in the court- room — the safety of prosecutors and witnesses, for example, or the possibility of deterring other witnesses from coming forward," says Bond. "There is no one-size-fits-all answer, which is why the current policies that permit cameras in the courtroom also allow the judge to consider the circumstances of each case before deciding whether they will be used." Boyd's research, funded by the Law Foundation of B.C., reviewed literature from Canada and other jurisdictions and concluded that education about the justice system positively affects public confidence in the system. "Cameras alone do not increase people's knowledge and understanding of the justice system, which is why teachers, lawyers, judges, and legal educators like the Justice Educa- tion Society continually seek to build that knowledge," says Bond. "We are concerned that government cuts to the fund- www. C ANADIAN Law ye rmag.com M AY 2010 15 ing provided to the Justice Education Society have crippled its efforts to educate children, adults, and new immigrants about the laws of B.C. and the realities of courtroom procedures, processes, and principles. Education — not just cameras — is what we need in our courtrooms." —JS

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