LawBytes Podcast on Future of the Canadian Radio-television and Telecommunications Commission

In the most recent LawBytes podcast, University of Ottawa law professor Michael Geist talks with Konrad von Finckenstein, former chair of the Canadian Radio-television and Telecommunications Commission (CRTC), the government agency that oversees and regulates broadcasting and telecommunications:

"The start of a new year often means a fresh start and for the CRTC, it meant welcoming a new chair, as Vicky Eatrides officially took over as chair a few days into 2023. Eatrides comes to the Commission at a particularly busy time with wireless competition concerns top of mind for many Canadians and the government set to ask the Commission to play a pivotal role in implementing Bills C-11 and C-18."

"Konrad von Finckenstein is someone who knows quite a bit about the challenges faced by new CRTC chairs, having served in the role from 2007 to 2012. He was recently appointed to the Order of Canada for his many contributions to public life and he joins me on the Law Bytes podcast to reflect on those experiences in the context of the CRTC. Our conversation reflects on what is involved in launching entirely new programs, ensuring public engagement, and developing policies that enjoy both public support and can withstand potential legal challenges."

Information about Bills C-11 and C-18 can be found on the Library of Parliament's LEGISinfo website:

• Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
• Bill C-18, An Act respecting online communications platforms that make news content available to persons in Canada

Recent Legislative Summaries from Library of Parliament

The Library of Parliament has recently published a number of legislative summaries if bills currently being debated.

• Legislative Summary of Bill C-7: An Act to amend the Criminal Code (medical assistance in dying)
• Legislative Summary of Bill C-10: An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (preliminary version)
• Legislative Summary of Bill C-11: An Act to enact the Consumer Privacy Protection Act and the Personal Information and Data Protection Tribunal Act (preliminary version)
• Legislative Summary of Bill C-12: An Act respecting transparency and accountability in Canada's efforts to achieve net-zero greenhouse gas emissions by the year 2050
• Legislative Summary of Bill C-15: An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples (preliminary version)

UK Supreme Court Launches 'Video on Demand' Service

This week, the Supreme Court of the United Kingdom launched an on-demand archive of past hearings ... to complement the court's existing live streaming service:

"Footage of the proceedings in court will be freely available via each case's page on the Supreme Court website, and will be uploaded the next working day. Once judgment is delivered, footage of the Justices' summary in court will also be published alongside the full judgment text and press summary."

"The service will include footage of proceedings of the Judicial Committee of the Privy Council (or JCPC, which hears appeals from a number of Commonwealth countries, British Overseas Territories and Crown Dependencies)."

"Footage will remain available for approximately one year after the court hearing, before being removed to make way for new cases. For copyright reasons, users will not be able to download the footage for long term storage or editing."

Quebec Bar Association Public Legal Education TV Series Starts Its 4th Season

The fourth season of the television series "Le Droit de savoir" (The right to know) will begin tomorrow on the Canal savoir channel in Quebec. There will be 10 episodes.

This season, each show will explore one of the rights guaranteed by the Canadian Charter of Rights and Freedoms and the Quebec Charter of Human Rights and Freedoms.

The day after broadcast, episodes will be made available on the websites of Canal savoir and of the series.

The series is a co-production of the Quebec Bar Association and the province-owned public broadcaster Télé-Québec.

Quebec Bar Association Teams Up With Montreal Radio Station for Second Season of Debates

For the second year in a row, the Quebec Bar Association has teamed up with Montreal radio station CIBL 101,5 and the Juripop legal clinic to organize a weekly radio debate program called  Droit de Cité

Every week, 2 teams of university debaters face off on a controversial public topic in front of a jury made of up student reps, members of the Bar and well-known Québec personalities. All shows are archived on the Droit de Cité website.

The first debate of the new season will happen on October 2, 2013 and will deal with the right of  employees of the province's school system to wear religious symbols.

The Quebec Bar Association has been quite innovative in its outreach to the general public using web-based media as well as traditional broadcast media. It is already the co-producer of the television series Le Droit de savoir ("The Right to Know") on the Canal savoir cable channel and on the Télé-Québec public educational channel in Quebec.

New Zealand Law Commission Report on Regulation of the Media

The New Zealand Law Commission has released a report on the Review of Regulatory Gaps and the New Media.The review was prompted by concern about the disparities in the legal and ethical standards that apply to news as a result of the emergence of new web-based publishers and the convergence of mainstream print and broadcast media online:

"The Report recommends a new complaints body be set up to provide New Zealanders with a consistent set of news media standards and a one-stop-shop for adjudicating complaints across all news producers. Membership of the new body would be voluntary and open to both the traditional mainstream news media and the new media (e.g. news and current affairs bloggers and websites), provided they are willing to be accountable to the new standards body. The new body would draw on and strengthen the best features of the current platform-based complaints bodies (the Press Council, the Broadcasting Standards Authority and the Online Media Standards Authority)."

"The Report recommends two specific statutory amendments once the new complaints body is established:

• an amendment to the Broadcasting Act 1989, to alter the jurisdiction of the Broadcasting Standards Authority;
• amendments to the Privacy Act 1993, the Electoral Act 1993, the Human Rights Act 1993 and the Fair Trading Act 1986 (that confer specific privileges on the news media) to align these statutes with media privileges in the Criminal Procedure Act 2011 - making conferral of the privileges conditional on membership of the new complaints body."

"An appendix to the Report contains the Commission’s Ministerial Briefing to the Hon Judith Collins: Harmful Digital Communications: The Adequacy of the Current Sanctions and Remedies (August 2012), containing recommendations and a proposed Bill. This briefing recommended a range of measures to address the problems caused by seriously harmful personal online or digital attacks, including a new criminal offence and the establishment of a Communications Tribunal."

Report on Supreme Court of Canada on Quebec Bar Association TV Series

In yesterday's episode of "Le Droit de savoir", a TV program on law and society on Quebec's Canal Savoir channel, journalist Jean-Philippe Cipriani paid a visit to the Supreme Court of Canada in Ottawa. The report is now on the program website.

While there, Cipriani interviewed the Court's Registrar, Roger Bilodeau, as well as the Right Honourable Beverley McLachlin, P.C.,Chief Justice of Canada, about how the Court operates.

The program, now in its 3rd season, is a co-production of the Quebec Bar Association and the province's public broadcaster Télé-Québec.

Full episodes from seasons 1 and 2 are archived on the show's website. Episodes of the current season are made available on the website once they have been broadcast on the Canal Savoir.

Quebec Bar Association Teams Up With Montreal Radio Station for Weekly Debate Show

The Quebec Bar Association has teamed up with Montreal radio station CIBL 101,5 and the Juripop legal clinic to organize a weekly radio debate program called Droit de Cité.

Every week, 2 teams of university debaters face off on a controversial public topic. Members of the public get to vote online to determine which team wins. All shows are archived on the Droit de Cité website.

The show started in the second half of October and will last 31 weeks.

Topics so far have included:

• Should Quebec set up its own firearms registry?
• Should the City of Montreal install residential water metres?
• Should Quebec political parties get all of their financing from the government?

This week's topic will have to do with government subsidies to private schools.

The Quebec Bar Association has shown itself to be quite innovative in its outreach to the general public. It is already the co-producer of the television series Le Droit de savoir ("The Right to Know") on the Canal savoir cable channel in Quebec.

Quebec Bar Association TV Series 3rd Season Begins in September

The third season of the television series "Le Droit de Savoir" (The right to know) will begin on Quebec cable TV on September 18th on the Canal savoir channel in Quebec, and then on the Télé-Québec public educational network in the summer of 2013.

The series is a production of the Quebec Bar Association.

Episodes in the coming season will feature reports on topics such as aboriginal law, maritime law, court martials, impaired driving, sniffer dogs and the work of border service personnel.


Full episodes from seasons 1 and 2 are archived on the show's website.

Quebec Bar Association TV Series 2nd Season Begins Next Week

The second season of the television series "Le Droit de Savoir" (The right to know) will begin September 12, 2011on the Canal savoir channel in Quebec, and then on the Télé-Québec public educational network in the summer of 2012. The series is a production of the Quebec Bar Association.

The first episode will cover the liability of parents for the actions of their children. After broadcast, each episode will be archived on the show's website.

Each episode will also offer a new feature called "Les Chroniques de la Justice", that will introduce the audience to places to which the public usually has no access, like the morgue and the evidence room of a courthouse.

If you want to have an idea of what the series looks like, all the episodes of Season One can be watched for free on the Tou.tv website launched by CBC/Radio-Canada and other broadcasting partners.

Quebec Bar Association TV Series To Launch 2nd Season

This is a follow-up to the Library Boy post of October 5, 2009 entitled Quebec Bar Association Launches TV Series.

The Quebec Bar Association has announced that the second season of its television series "Le Droit de Savoir" (The right to know) will be broadcast this fall on the Canal savoir channel in Quebec, and then on the Télé-Québec public educational network in the summer of 2012.

The new season will tackle topics such as dying with dignity, adoption, harassment in the workplace, identity fraud and parental responsibility.

The show will also offer a new feature called "Les Chroniques de la Justice", that will introduce the audience to places to which the public usually has no access, like the morgue and the evidence room of a courthouse.

If you want to have an idea of what the series looks like, all the episodes of Season One can be watched for free on the Tou.tv website launched by CBC/Radio-Canada and other broadcasting partners.

Australian Law Reform Commission Paper on Film and Game Classification

The Australian Law Reform Commission has published an Issues Paper for its National Classification Scheme Review:

"It discusses the important distinctions to be made between censorship and classification, and issues concerning what should be classified and who should do the classifying, in the context of rapid change in the media industries and media consumption patterns in a converging technological environment. It also discusses various options for revising the regulatory framework, including direct government regulation, co-regulation with industry, and industry self-regulation."

"In releasing the Issues Paper, the ALRC is seeking wide community input into reform of the classification system, with the aim of advising on a regulatory framework that:

• is consistent across media industries, platforms, and devices
• meets community expectations and is readily understood by the public
• enables Australians to have ready access to a diverse range of forms of information and entertainment content across media platforms
• ensures that appropriate safeguards exist to restrict the availability of inappropriate content, particularly for children
• minimises the costs and regulatory burdens of compliance, and promotes competition and innovation
• is enforceable and promotes public trust in the regulatory system."
  

UK Supreme Court Hearings Now Live

Earlier this week, the United Kingdom Supreme Court announced that its hearings will now be televised live on Sky News.

The UK Supreme Court is the final court of appeal in the UK for all civil cases and for criminal cases from England, Wales and Northern Ireland. It replaced the House of Lords as the highest court in the United Kingdom in October 2009.

The UK Supreme Court joins a small group of top appeal courts that offer live multimedia coverage of their hearings. This includes the European Court of Human Rights and the Supreme Court of Canada.

Cameras in Ontario and British Columbia Courtrooms

This is a follow-up to 2 recent Library Boy posts: Evaluation Report on Cameras in Ontario Courtrooms (March 23, 2011) and TVO Ontario Debate on Cameras in the Courtroom (March 24, 2011).

The most recent issue of The Lawyers Weekly covers the debate about the pros and cons of TV cameras in Canadian courtrooms:

"Lights. Cameras. Cue the judge."

"While this director’s cry may never be heard in a Canadian courtroom, expect to see more video images of court proceedings — including portions of trials traditionally considered off-limits — as two of Canada’s largest provinces move to increase camera access to the courts."

"A British Columbia judge has authorized television coverage of the upcoming closing arguments in a Charter challenge to Canada’s anti-polygamy laws, under a slate of new camera-friendly practice rules. And Ontario Attorney General Chris Bentley told The Lawyers Weekly he will consult the judiciary on how to bring cameras into his province’s courtrooms."

TVO Ontario Debate on Cameras in the Courtroom

TV Ontario's flagship current affairs program The Agenda features a discussion on tonight's episode on cameras in the courtroom.

Panel members are:

• Jamie Chaffe, president of the Canadian Association of Crown Counsel
• Jean Cumming, editor-in-chief of Lexpert
• Mayo Moran, dean of the University of Toronto Faculty of Law
• William Trudell, chair of the Canadian Council of Criminal Defence Lawyers
• Raymond Wyant, a provincial court judge in Manitoba
  

Evaluation Report on Cameras in Ontario Courtrooms

Yesterday on Slaw.ca, Simon Fodden reported on a 2007 evaluation on the use of video cameras in Ontario’s Court of Appeal.

Canadian Press reporter Allison Jones has provided Slaw.ca with a copy of the evaluation report obtained through a freedom of information request.

From the summary of findings:

• According to 20 out of 21 people (95%) interviewed and surveyed, the CCAPP [Camera in the Court of Appeal Pilot Project] enhanced openness and access to courtroom proceedings for the public and the media;
• According to all 21 people interviewed and surveyed, and 80% of 854 Court of Appeal web survey respondents, the CCAPP promoted education and public information regarding Ontario’s justice system directly through its webcast; the CCAPP also enhanced and supported education for the legal profession;
• Following the launch of the pilot, it received no media coverage;
• Little media­-coverage was given to appeal cases covered by the CCAPP, with the exception of the Mullins-Johnson case. This is related to the lack of newsworthiness of the civil cases that the remainder of CCAPP coverage comprised;
• All those interviewed and surveyed showed great support for the CCAPP and recommended that cameras should continue in Ontario Courts, with the majority being in favour of expansion to other Courts;
• All those interviewed and surveyed agreed that there are potential negatives to the use of cameras in the courtroom that should be a considered further if a courtroom camera program is to be introduced into Ontario Courts;
• The webcast was readily accessible and easy to use, but since few DVDs were ordered and the audio box was put to little use, there is less evidence regarding these services

Ontario Court of Appeal Recognizes Right of Access to Court Exhibits

The most recent issue of The Lawyers Weekly discusses the November 1, 2010 Ontario Court of Appeal decision R. v. Canadian Broadcasting Corporation recognizing the media’s constitutional right to access court exhibits.

The Canadian Broadcasting Corporation had been seeking access to the exhibits from the preliminary inquiry into the death of 19-year-old Ashley Smith, who died while under observation in an isolation cell.

The network requested access to all photographs, documents and audio and video recordings filed at the preliminary inquiry, not only those filed in open court.

"The court [of appeal] reaffirmed the importance of the open court principle, that public access to the courts is a fundamental aspect of s. 2(b) of the Charter. The Court of Appeal also confirmed that, absent the proof of some countervailing interest sufficient to satisfy the Dagenais/Mentuck test, the right to access exhibits includes access to everything filed with the court — not just what is played or read out in open court — and includes the right to make copies."

"The Court of Appeal also held that the Superior Court erred in not allowing the CBC to copy the portion of the video exhibit showing the actual circumstances of Ashley Smith’s death. There was nothing in the law that permitted a judge to impose his or her opinion about what does not need to be broadcast to the general public, and there was no potential harm or injury to a recognized legal interest."

Under the The Dagenais / Mentuck test, the party opposing media access must demonstrate the publication ban is necessary to prevent a real and substantial risk to the fairness of a trial and that the salutary effects of the publication ban outweigh the deleterious effects to free expression.

The full text of the Court of Appeal decision is available on the Court website.

U.S. Judiciary Approves Pilot Project for Cameras in District Courts

The Judicial Conference of the United States, the policy-making agency for federal judiciary in the United States, has approved a pilot project to evaluate the effect of cameras in federal district courtrooms and the public release of digital video recordings of some civil proceedings:

"Courts that participate in the pilot will, if necessary, amend their local rules (providing adequate public notice and opportunity to comment) to provide an exception for judges participating in the pilot project. Participation in the pilot will be at the trial judge’s discretion."

"Under the pilot, participating courts will record proceedings. Recordings by other entities or persons will not be allowed. Recording of members of a jury will not be permitted, and parties in a trial must consent to participating in the pilot."

Earlier Library Boy postings on media access to the courts in Canada or abroad include:

• Report on TV Cameras in Ontario Courtrooms (August 24, 2006): "A report released today by Ontario Attorney General Michael Bryant recommends that cameras be allowed in some courts in the province. This would include TV cameras. The list of Courts would cover the Ontario Court of Appeal and lower courts where no witnesses would be examined (...) The full text of the report includes a useful bibliography on the issue of media and the court system."
• UK Courts to Accept TV Cameras (November 14, 2006): "The British media is reporting that civil and criminal trials in the UK may soon be televised. According to the Nov. 13, 2006 Reuters article Courtroom TV could be a step nearer, '(P)roposals that could lead to television cameras being installed in courts could soon be set out by the Lord Chancellor, Lord Falconer, head of the judiciary. A five-week pilot was started in Nov 2004 in the Court of Appeal in the Royal Courts of Justice in London and the consultation process was completed in the summer of 2005'."
• Report on Televising U.S. Supreme Court and Other Federal Court Proceedings (November 29, 2006): "The Federation of American Scientists has made available on its website a report by the Congressional Research Service entitled Televising Supreme Court and Other Federal Court Proceedings: Legislation and Issues (...) 'This report also discusses the arguments that have been presented by proponents and opponents of electronic media coverage of federal court proceedings, including the possible effect on judicial proceedings, separation of powers concerns, the purported educational value of such coverage, and possible security and privacy concerns. Finally, the report discuses the various options Congress may address as it considers legislation, including which courts should be covered, whether media coverage should be authorized or required, possible security and privacy safeguards, and the type of media coverage that would be permitted'."
• Maryland Appeals Court to Webcast (December 1, 2006): "The Maryland Court of Appeals, the highest court in the state, will provide live webcasts of its proceedings, 'hoping to be ready in time to broadcast arguments set for Dec. 4 in a high-profile case involving gay marriage,' according to an Associated Press agency story reprinted in the Houston Chronicle on Nov. 27, 2006. Maryland will thus join other U.S. states. The newspaper story explains that '(A)bout half of the appellate state courts (...) allow coverage of hearings on the Web or on cable channels'."
• U.S. Judiciary To Make Court Proceeding Recordings Available Online (March 19, 2007): "The legal news site JURIST is reporting that the Judicial Conference of the United States has approved a pilot program to make free audio recordings of court proceedings available online."
• Webcasting of Ontario Court Proceedings To Start Soon (May 27, 2007): "At the end of last week, the Ontario Attorney General's office announced it was going forward with certain recommendations of the Panel on Justice and the Media, including the live streaming of some proceedings of the Court of Appeal for Ontario..."
• UK Considering TV Cameras in New Supreme Court (October 23, 2007): "According to the Times Online, the United Kingdom's new Supreme Court will allow cameras to broadcast hearings. The new high court is set to open in 2009. It is being created under the Constitutional Reform Act 2005."
• Manitoba Provincial Courts To Start Broadcasting Soon? (October 24, 2007): "The Winnipeg Free Press is reporting that Manitoba's chief provincial court judge wants to allow live broadcasts of court decisions."
  

Quebec Bar Association Launches TV Series

This week's issue of The Lawyers Weekly features an article about a new television series on the law being co-produced by the Quebec Bar Association and Quebec public educational broadcaster Télé-Québec.

The series is called Le Droit de savoir:

"Aimed at the general public, the tastefully-done show tackles a wide range of topics, from the rights and responsibilities of property owners and the legal myths surrounding common-law unions to the legal ABCs of launching a business and the role and responsibilities of professional regulators, all of which is interspersed with legal tidbits and profiles of Quebec lawyers who made a mark in their practice."

"The themes were chosen by the co-producers of the show — the Barreau and Télé-Québec — with input from Educaloi, a non-profit organization whose mandate is to inform Quebecers of their rights and obligations by providing legal information in plain language. Through its popular website, Educaloi was able to determine the most-raised legal questions."

Personal note: in the mid-90s, I worked as a researcher on the show Droit de parole, a weekly current affairs town hall program on Télé-Québec, then known as Radio-Québec.

Manitoba Provincial Courts To Start Broadcasting Soon?

The Winnipeg Free Press is reporting that Manitoba's chief provincial court judge wants to allow live broadcasts of court decisions.

In an article entitled Live broadcasts urged for courtroom decisions, the daily writes that Ray Wyant, a former journalist and the current chief provincial court judge "is planning on meeting with every provincial court judge in the near future to discuss his proposal further and will likely table a policy that will give each judge the discretion to allow audio and possibly videotaping of court cases".

Wyant originally wanted to start allowing live coverage next week of his sentencing verdict in a deadly driving case against a former police officer. But he backed down when lawyers involved in the case as well as other provincial court judges objected.

According to the article:

"Judges often complain that media coverage of cases is unfair because the public doesn't always get the full reasons for their controversial decisions because of time and space restrictions".

"Wyant told the Free Press he believes allowing people to hear exactly why verdicts and sentences are handed down can only help restore public confidence".

"The Free Press has been posting complete written decisions handed down by judges on its website for several months. Wyant said allowing for audio and perhaps video feeds would be another valuable tool".