R v Hales, 2015 SKCA 124

Court of Appeal for Saskatchewan Citation: R v Hales , 2015 SKCA 124 Docket: CACR2553 Date: 2015-11-20 Douglas Richard Hales and Her Majesty the Queen Fiat Before Jackson, Caldwell and Whitmore JJ.A. The Court: [ 1 ] The Court has received a request from CTV News Saskatoon [CTV] and Global Saskatoon [Global] for leave to place a camera in the courtroom on 23 November 2015 for the purposes of recording the hearing of the above-named appeal. [ 2 ] On this occasion and on a pilot basis, the Court has decided to grant the above request subject to the following terms: 1. The members of the media must not record or transmit the following: (

a) private dialogue between or among legal counsel or between or among legal counsel and their clients in any way that might allow the content of the dialogue to be understood or deciphered by anyone; (

b) any document or image appearing on a computer screen, a counsel table, the clerk’s desk or the dais, which is not a document or exhibit to which the Court has permitted public access in accordance with Public Access to Court Records in Saskatchewan: Guidelines for Media and the Public , in any way that might allow the text thereof or the image to be magnified, read, understood or discerned by anyone; and (

c) private dialogue between or among members of the presiding panel in any way that might allow the dialogue to be understood or deciphered by anyone. 2. CTV and Global shall, if requested to do so, make arrangements to contemporaneously share the resulting recording or data with any other member of the media who holds accreditation through the Saskatchewan Ministry of Justice. The Court will not adjudicate disputes as to compliance with this aspect of this Fiat; however, an instance of non-compliance may, if brought to the Court’s attention, result in the

summary suspension or revocation of this grant of leave. 3. The granting of this leave to use a camera in the courtroom does not affect or relieve anyone from an obligation to comply with the legal requirements of a statutory or court-ordered publication ban in effect with respect to the proceeding . Further, the presiding panel’s leave to use a camera in the courtroom does not affect rights and obligations under The Privacy Act , RSS 1978, c P-24. 4. While the presiding panel may vary the conditions or restrictions placed on the use of a camera in the courtroom, in general terms this grant of leave to use a camera in the courtroom is subject to the following conditions: (

a) no more than one camera will be allowed in the courtroom at any time; (

b) the camera must remain on a tripod in a space within the courtroom designated by the presiding panel, acting through the registrar of the Court; (

c) the camera and its operating personnel must be in place and ready at least ten minutes prior to the scheduled commencement of the proceeding and the camera must not be removed while the Court is in session; (

d) the camera must be operated in a way that does not distract the presiding panel, or the parties to the proceeding or their counsel, or otherwise interfere with the proceeding or court process; (

e) no lighting equipment may be brought into or used in the courtroom; (

f) personnel operating the camera must comport themselves in keeping with the nature of a judicial proceeding; (

g) no camera may be used in or from, and no operating personnel may have access to, the well of the courtroom (beyond the bar) or the dais; and (

h) no camera may be used to record or transmit images or audio of the public gallery of the courtroom. [ 3 ] Nothing in this Fiat abrogates the overriding authority of the presiding panel to maintain decorum in the courtroom over which it presides or from the primary duty of the presiding panel to ensure that the proceeding is conducted in a manner consistent with the proper administration of justice. [ 4 ] Nothing in this Fiat restricts the presiding panel from imposing, at any time, conditions or restrictions on the use of the camera. [ 5 ] The registrar will place a notice on the exterior of the door of the courtroom to notify the public that the proceeding therein is subject to being recorded or transmitted.

[ 6 ] On this basis, leave is granted to CTV and Global to record the hearing of the above-named appeal scheduled for 23 November 2015. It is left to CTV and Global to determine whose camera will be used. “Jackson J.A.” Jackson J.A. “Caldwell J.A.” Caldwell J.A. “Whitmore J.A.” Whitmore J.A. Counsel: Marianna Jasper for Douglas Richard Hales W. Dean Sinclair, Q.C. for Her Majesty the Queen Peter M. Jacobsen and Julia L. Lefebvre for CTV Appearing for the purposes of responding to the Court’s Questions: Dani Mario for CTV Rena Montgomerie for Global