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Open court principle


The open court principle requires that court proceedings presumptively be open and accessible to the public and to the media.

In contrast, in camera describes court proceedings where the public and press are not allowed to observe the procedure or process.

As noted by the Supreme Court of Canada in Vancouver Sun (Re), the open court principle enhances the public's confidence in the justice system:

The open court principle is linked to the freedom of expression and freedom of the press which include the right of the public to receive information. The press plays a vital role as the conduit through which the public receives information regarding the operation of public institutions.

Section 135(1) of the Courts of Justice Act (Ontario) states the general principle that "all court hearings shall be open to the public".

In 2012, the Vancouver Sun newspaper argued that certain court proceedings in relation to the Air India terrorist attack should be open to the public. Section 83.28 of the Criminal Code allows the exclusion of the public and media from certain court proceedings in relation to terrorism offences.

In the United States, the term "in open court" means the appearance by a party or their attorney in a public court session such as during a trial.


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Wikipedia

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