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of justice that same problem in Canada, and of course if we did, the ongoing discretion of the judge to just turn off the cameras would kick in." In 2001, Burnett argued unsuccess- fully on behalf of broadcasters seek- ing to televise the criminal trial of for- mer B.C. premier Glen Clark, who was charged with breach of trust in relation to home renovations performed by a neighbour who had also applied for a casino licence from the province. The broadcasters, vigorously opposed by the province's attorney general, appealed to the Supreme Court of Canada, but Clark was acquitted before it could be heard, rendering the appeal moot. In late 2010, then-attorney general Mike de Jong softened the stance of his office, launching a pilot to video record sentencing proceedings at three provin- cial court locations. Then in early 2011, Burnett convinced B.C. Supreme Court Chief Justice Robert Bauman to allow cameras in to record the closing argu- ments in a hearing over the constitu- tional validity of Canada's anti-polygamy laws. The CBC streamed the arguments online with a 10-minute delay. "Most Canadians haven't actually sat down and watched our courts in action. It might not be the most sensational thing around, but it is very impressive. You realize that this is a fair process, that these are serious people who are trying to treat witnesses and parties fairly, and it's a shame that citizens can't see that more for themselves," says Burnett. He says he was surprised last year when the provincial government com- pleted its turnaround, announcing that it, rather than media organizations, would initiate applications to televise tri- als for alleged Vancouver rioters follow- ing the Canucks' 2011 Stanley Cup loss. "In a way it's been coming. Obviously, attitudes have changed, and probably for the better in terms of openness of the courts," says Burnett. "It's just an oppor- tunity, as I see it, to use technology to expand the courtroom gallery. We start with this principle that the courtrooms are open, but that principle loses a lot of its reality when you take into account that the massive majority of citizens really can't come and attend court in per- son. They work during the day, or they www.CANADIAN Lawyermag.com M A RCH 2012 33