The Courts of Justice Act on the subject of public access to courts:

71. The administration of the courts shall be carried on so as to,

(a) maintain the independence of the judiciary as a separate branch of government;

(b) recognize the respective roles and responsibilities of the Attorney General and the judiciary in the administration of justice;

(c) encourage public access to the courts and public confidence in the administration of justice;

(d) further the provision of high-quality services to the public; and

(e) promote the efficient use of public resources. 2006, c. 21, Sched. A, s. 14.

The Courts of Justice Act, R.S.O. 1990, Chapter C.43 sets out the court structure in Ontario. It defines the matters that are heard by the different courts - the Court Of Appeal, Superior, Divisional, Family and Small Claims Courts and the Ontario Court of Justice (Provincial Court). It also deals with the following:

- who makes the rules of procedure for the different courts

- how courts are managed and administered

- court proceedings.

Part V of the Act states clearly that courts are public bodies who are to serve us, the public, and use using public resources efficiently:

PART V
ADMINISTRATION OF THE COURTS

71. The administration of the courts shall be carried on so as to,

(a) maintain the independence of the judiciary as a separate branch of government;

(b) recognize the respective roles and responsibilities of the Attorney General and the judiciary in the administration of justice;

(c) encourage public access to the courts and public confidence in the administration of justice;

(d) further the provision of high-quality services to the public; and

(e) promote the efficient use of public resources. 2006, c. 21, Sched. A, s. 14.

Part VII, which governs court proceedings, has a subsection entitled “Public Access”. This section sets out the general rule that all court hearings are public, but clearly leaves a judge the discretion to deviate from this principle in instances where s/he thinks that there is the possibility of serious harm or injustice to any person. In this case, the information about a closed hearing may be disclosed except where the judge has expressly forbidden this.

Photographs or audio recordings taken within the court room, or upon entering or leaving the court room, are forbidden. This prohibition applies to pictures taken in the court building of anyone whom it could reasonably be believed is there for a hearing. A judge can, however, give his/her permission to permit a photo or recording.

The law specifically notes that there is nothing which prohibits a person from “unobtrusively taking hand-written notes or sketches at a court hearing”.

PART VII
COURT PROCEEDINGS

Public Access

Public Access

Public hearings

135.(1)Subject to subsection (2) and rules of court, all court hearings shall be open to the public.

Exception

(2)The court may order the public to be excluded from a hearing where the possibility of serious harm or injustice to any person justifies a departure from the general principle that court hearings should be open to the public.

Disclosure of information

(3)Where a proceeding is heard in the absence of the public, disclosure of information relating to the proceeding is not contempt of court unless the court expressly prohibited the disclosure of the information. R.S.O. 1990, c. C.43, s. 135.

Prohibition against photography, etc., at court hearing

136.(1)Subject to subsections (2) and (3), no person shall,

(a) take or attempt to take a photograph, motion picture, audio recording or other record capable of producing visual or aural representations by electronic means or otherwise,

(i) at a court hearing,

(ii) of any person entering or leaving the room in which a court hearing is to be or has been convened, or

(iii) of any person in the building in which a court hearing is to be or has been convened where there is reasonable ground for believing that the person is there for the purpose of attending or leaving the hearing;

(b) publish, broadcast, reproduce or otherwise disseminate a photograph, motion picture, audio recording or record taken in contravention of clause (a); or

(c) broadcast or reproduce an audio recording made as described in clause (2) (b). R.S.O. 1990, c. C.43, s. 136 (1).

Exceptions

(2)Nothing in subsection (1),

(a) prohibits a person from unobtrusively making handwritten notes or sketches at a court hearing; or

(b) prohibits a lawyer, a party acting in person or a journalist from unobtrusively making an audio recording at a court hearing, in the manner that has been approved by the judge, for the sole purpose of supplementing or replacing handwritten notes. R.S.O. 1990, c. C.43, s. 136 (2); 1996, c. 25, s. 1 (22).

Exceptions

(3)Subsection (1) does not apply to a photograph, motion picture, audio recording or record made with authorization of the judge,

(a) where required for the presentation of evidence or the making of a record or for any other purpose of the court hearing;

(b) in connection with any investitive, naturalization, ceremonial or other similar proceeding; or

(c) with the consent of the parties and witnesses, for such educational or instructional purposes as the judge approves.

Offence

(4)Every person who contravenes this section is guilty of an offence and on conviction is liable to a fine of not more than $25,000 or to imprisonment for a term of not more than six months, or to both. R.S.O. 1990, c. C.43, s. 136 (3, 4).