Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m A U G U S T 2 0 1 7 7 T he Nova Scotia courts are giving media and their own members a helping hand when it comes to working well together. New guidelines have been developed that highlight court processes, judicial expectations and legal requirements. The new 51-page document provides information on statutes and regulations, current case law and the rules, directives and policies of the Nova Scotia courts. "It is meant to assist judges in making deci- sions regarding access, to ensure journal- ists understand how they are expected to act in court and to guide court staff in responding to media inquiries," says Jennifer Stairs, communications director with the Executive Office of the Nova Scotia Judiciary. Access is the predominant theme in the document "Guidelines Re: Media and Public Access to the Courts of Nova Scotia." The focus is on everything from access to courthouses, courtrooms and related proceedings to access to court files and records. Floor plans of the law courts are even included. Direction is also provided on the use of electronic devices, cameras and media rooms. Interviews inside the courtroom and expected decorum are discussed as well. ("Out of respect for the process, wearing hats, chewing gum, and consum- ing food or beverages are not allowed," the guidelines state.) The focus on informing media flows from the Supreme Court of Canada, which has recognized that members of the media, as representatives of the pub- lic, must be given special consideration when it comes to applying certain rules and policies of the courts. "The Nova Scotia courts agree," says Stairs. "How- ever, access and other issues can still arise, and it only makes sense to have a forum in which those issues can be discussed." Canada's open-courts principle creates a greater level of access, she adds, and that is central to more accurate news coverage and a better understanding of and higher confidence in how the courts operate in Canada. These are not the first guidelines the province's courts have put in place for journalists and judges. A media liaison committee, whose members include judges, reporters, journalism professors and Department of Justice staff, was established in the early '90s and the first set of guidelines was developed soon after that. The original guidelines dealt with similar issues including access to courthouses, use of cameras and tape recorders, using courtrooms for filming and access to documents, transcripts and court dockets. Technology, the law and court pro- cesses, as well as new concerns raised by the judiciary and members of the media, have led to the most recent round of changes. Those changes are being widely promoted. "After hearing from some groups who were unaware the previous guidelines existed, the courts made sure to include a robust implementation plan to increase awareness of the new docu- ment," says Stairs. Still, she stresses, the guidelines are just that. "It is ultimately up to the pre- siding judge to resolve issues of access that may arise in a specific trial or to the sheriffs and court administrators to resolve security and safety issues." — DONALEE MOULTON REGIONAL WRAP-UP AT L A N T I C \ AT L A N T I C \ C E N T R A L \ P R A I R I E S \ W E S T N.S. courts publish media guidelines FEW JUDICIAL APPOINTMENTS CREATES BACKLOG IN NEW BRUNSWICK C arley Parish has bad news for clients looking to get before a family court judge in Saint John any time soon: It's not going to happen. "We're starting to get court dates in 2019," says the family lawyer with Lutz Longstaff Par- ish in Hampton, N.B. At the heart of the court backlog are federal changes to how judges are appointed. Nationally, Justice Minister Jody Wilson-Raybould has created judicial advisory com- mittees, or JACs, that provide merit-based recommendations on all federal court appointments. The new process is intended to enhance diversity. One unintended consequence in New Brunswick is that an appointment for a third family court judge has gone unfilled. To date, no members have been named to the province's JAC. As a result, lawyers and clients are facing at least a year's backlog. That sense of urgency is being felt throughout the legal community. In a letter to Wilson-Raybould, Law Society of New Brunswick president George Filliter noted, "The Saint John dockets are clogged and there is little meaningful or timely access to justice for family litigants." Trial division judges have stepped up to hear some cases, but the backlog contin- ues to grow, especially as child-protection matters take precedence, pushing other cases further down the court docket. "The best interests of the child are not being served," says Parish. — DM

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