Canadian Lawyer

courtroom to ensure the accuracy of their note-taking, but not for broadcast use. The new guidelines are also expected to deal with reporters Currently, reporters are allowed to use only recorders in the attached to a media outlet as well as individuals who are inde- pendent journalists or freelancers. Individuals will have to sign an undertaking, which sets out conditions of compliance such as publication bans and other orders. Any rules are subject to be overridden by the presiding judge. The guidelines are expected to be looser in B.C.' as members of the public will be able to receive and send text messages from devices. Law officer for the appeals court Timothy Outerbridge says there are not the same concerns as the judges presiding do not deal with witnesses or juries. To help ensure the guidelines are workable, he says, "we have done a broad consul- tation" although it is expected there will be a learning curve as guidelines are implemented. B.C. provincial courts legal officer Gene Jamieson says those s appeal court courts are also looking at a wireless device policy that would work in its courtrooms. "Hopefully, we can announce the details soon," he says. move is catching up with technology changes in a system that now needs to accommodate laptops and other wireless devic- es. He tells of a Vancouver court case he recently attended where a French tourist was asked by the judge to stop taking notes on a tablet. "There is really no harm in taking notes on a tablet," says Sutherland, if the process is not more disruptive than taking notes with a paper and pen. The balance courts will need to find, says Sutherland, is Media lawyer David Sutherland says in some ways the the ability to maintain the principle of openness with that of achieving a fair hearing for the individual. Also, what is the potential for privileged information to be tweeted to a jury member? "That would be fatal" to a fair hearing, he says. Judges would have to ensure that such problems wouldn't occur. But, where he sees a further concern is the potential to cre- ate certain privileges for one class of individuals over another. "What is a concern, is when you start getting courts granting special privileges and that departs from the equity principle that has stood journalists in good stead for so long. " PROFESSIONAL DIRECTORY Supreme Court of Canada Counsel and Agency Services Henry S. Brown, QC Brian A. Crane, QC Guy Régimbald Graham Ragan Matthew Estabrooks Eduard J. Van Bemmel, Law Clerk — JS 160 Elgin StreetSuite 2600OttawaOntarioK1P 1C3T 613-233-1781 montréalottawatorontohamiltonwaterloo regioncalgaryvancouverbeijingmoscowlondon ntitled-1 1 Over1,800 MembersacrossCanada Find a Professional Mediator / Arbitrator 18774754353 arbitrator www.CANADIAN Lawyermag.com A U GUST 2012 13 ntitled-1 1 12-06-08 9:18 AM 12-01-17 10:50 AM

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