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

media Media may refer to: Communication * Media (communication), tools used to deliver information or data ** Advertising media, various media, content, buying and placement for advertising ** Broadcast media, communications delivered over mass e ...

. In contrast, ''

in camera ''In camera'' (; Latin: "in a chamber"). is a legal term that means ''in private''. The same meaning is sometimes expressed in the English equivalent: ''in chambers''. Generally, ''in-camera'' describes court cases, parts of it, or process wh ...

'' describes court proceedings where the public and press are not allowed to observe the procedure or process.

Canada

Purpose

The virtues of openness were discussed by the Supreme Court of Canada in ''A.G. Nova Scotia v. MacIntyre'' which quoted eighteenth-century philosopher

Jeremy Bentham Jeremy Bentham (; 15 February 1748 ld Style and New Style dates, O.S. 4 February 1747– 6 June 1832) was an English philosopher, jurist, and social reformer regarded as the founder of modern utilitarianism. Bentham defined as the "fundam ...

: :In the darkness of secrecy, sinister interest and evil in every shape have full swing. Only in proportion as publicity has place can any of the checks applicable to judicial injustice operate. Where there is no publicity there is no justice. Publicity is the very soul of justice. It is the keenest spur to exertion and the surest of all guards against improbity. It keeps the judge himself while trying under trial. According to the Supreme Court of Canada in '' Vancouver Sun (Re)'', the open court principle enhances the public's confidence in the justice system: :Public access to the courts guarantees the integrity of judicial processes by demonstrating "that justice is administered in a non-arbitrary manner, according to the

rule of law The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannic ...

". Openness is necessary to maintain the

independence Independence is a condition of a person, nation, country, or state in which residents and population, or some portion thereof, exercise self-government, and usually sovereignty, over its territory. The opposite of independence is the stat ...

and

impartiality Impartiality (also called evenhandedness or fair-mindedness) is a principle of justice holding that decisions should be based on objective criteria, rather than on the basis of bias, prejudice, or preferring the benefit to one person over another ...

of courts. It is integral to public confidence in the justice system and the public's understanding of the

administration of justice The administration of justice is the process by which the legal system of a government is executed. The presumed goal of such an administration is to provide justice for all those accessing the legal system. The phrase is also commonly used to d ...

. Moreover, openness is a principal component of the legitimacy of the judicial process and why the parties and the public at large abide by the decisions of courts. The open court principle is linked to the

freedom of expression Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recog ...

and

freedom of the press Freedom of the press or freedom of the media is the fundamental principle that communication and expression through various media, including printed and electronic media, especially published materials, should be considered a right to be exerc ...

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.

Canadian legislation

Section 135(1) of the ''Courts of Justice Act'' (Ontario) states the general principle that "all court hearings shall be open to the public". Subsection 486(1) of the ''

Criminal Code A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...

'' states: "Any proceedings against an accused shall be held in open court, but where the presiding judge, provincial court judge or justice, as the case may be, is of the opinion that it is in the interest of public morals, the maintenance of order or the proper administration of justice to exclude all or any members of the public from the court room for all or part of the proceedings, he may so order."

Canadian jurisprudence

''Vancouver Sun (Re)''

In 2004, the ''

Vancouver Sun The ''Vancouver Sun'', also known as the ''Sun'', is a daily broadsheet newspaper based in Vancouver, British Columbia, Canada. The newspaper is currently published by the Pacific Newspaper Group, a division of Postmedia Network. Published s ...

'' newspaper successfully 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.

United States

In the United States, the term "

in open court In open court is a legal term in the United States defined by the appearance by a party or their attorney in a public court session such as during a public trial. Normally, the public may be present at trials, hearings and similar routine matt ...

" means the appearance by a party or their attorney in a public court session such as during a trial.

United Kingdom

The open court principle has long been recognized as a cornerstone of the

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...

. In its 1913 decision in ''Scott v. Scott'', the

House of Lords The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminst ...

noted the right of public access to the courts is “one of principle ... turning, not on convenience, but on necessity". Viscount Haldane L.C., noted that “Justice is not a cloistered virtue”. In the 1936 decision of ''Ambard v. Attorney-General for Trinidad and Tobago'', Lord Atkin noted “Publicity is the very soul of justice. It is the keenest spur to exertion, and the surest of all guards against improbity.”

Ukraine

Since 2014, Ukraine has allowed videotaping of court sessions without obtaining the specific permission of the judge, within the limitations established by law. In 2015 the Open Court Project launched with the aim of videotaping court proceedings in civil, commercial, administrative cases. The Open Court Project has videotaped over 7000 court cases in courts at different levels. The videos are stored, indexed and published in the public domain. In 2017 NGO Open Ukraine has launched the VR Court Project aimed at videotaping court sessions with 3D 360 degree portable video cameras to create VR video records of court sessions.

References

{{Reflist Judicial legal terminology Legal doctrines and principles Common law legal terminology