HSHS Law

Go Hawks Go!

[HSHS Law @HshsMoot]

As students of Henry Street High School's Grade Twelve International Law Class, we are passionate about the intricacies of the legal system. In turn, we each decided to partake in the OJEN Twitter Moot in aspiration of advancing our current knowledge of contentious legal issues.

[HSHS Law @HshsMoot]

@josiahkb_ @sdcilaw @Emilyloveslaw @OJEN_ROEJ This can cause viewers to make decisions based on their emotions instead of the facts presented. These issues should not be important when looking at the transparency of the court system. The judge and juries decide innocences, not emotional biases. #OJENROEJFA22 @OJEN_ROEJ

[HSHS Law @HshsMoot]

@josiahkb_ @sdcilaw @Emilyloveslaw @OJEN_ROEJ Allowing the general public to have access to the recordings of court proceedings would allow people to make a circus of serious and harmful issues, for example spreading information in bias and inappropriate manners (memes, clips, jokes, etc...) #OJENROEJFA22 @OJEN_ROEJ

[ALISON WINSLOW @lawclass328]

Thinking about the potential trauma unleashed for victims' families by recording court proceedings...Bernardo sex slayings were shown as video evidence only to a select few - not the gallery. Protect victims from further trauma - that's justice @OJEN_ROEJ #OJENROEJFA22

[HSHS Law @HshsMoot]

@BloorLaw @sdcilaw @OJEN_ROEJ It may give an alternative to those who cannot physically attend but it is also opening it up to a larger audience, court room sizes are limited, broadcasting removes this limitation. Forcing witnesses to testify in front of thousands is morally wrong. #OJENROEJFA22 @OJEN_ROEJ

[HSHS Law @HshsMoot]

@Emilyloveslaw @keltyb1094 @OJEN_ROEJ @ProvostLaw It can also be argued that live broadcasting goes against S11. (d) having a fair hearing and being presumed innocent until proven guilty. #OJENROEJFA22 @OJEN_ROEJ

[HSHS Law @HshsMoot]

@OJEN_ROEJ If Courts were not live streamed, but recorded and posted after the trial finished. A lot of the media drama that happens during live trials could be prevented. The defendants should also be given the chance to agree with being recorded (or not). #OJENROEJFA22 @OJEN_ROEJ

[HSHS Law @HshsMoot]

S. 7 gives residual protection for privacy that could apply to personal info. Live broadcast of trials promotes the unregulated spread of personal information commonly included in court cases. Regulations must maintain the privacy rights of Canadians. #OJENROEJFA22 @OJEN_ROEJ

[HSHS Law @HshsMoot]

This is shown in the American case People v Goetz where public opinion fluctuated, as the case went on. The public was initially in support of Goetz until more evidence was provided which caused the general opinion to change. #OJENROEJFA22 @OJEN_ROEJ

[HSHS Law @HshsMoot]

The authorization of live judicial courts proceedings goes against section 11(d) of our constitution. The image of a presented suspect in trial would make an impression to the public that they are guilty and can influence the procedure of the trial.#OJENROEJFA22 @OJEN_ROEJ

[HSHS Law @HshsMoot]

We fail to protect the impartiality of the perception of jurors and judges', as we are allowing the public to have their own immediate judgement to follow the case. This fails to follow the Charter as he principle of “innocent until proven guilty” and a fair trial is jeopardized.

[HSHS Law @HshsMoot]

This can be directly attributed to the fact that public media outlets are still allowed to be present in the court room; however, they are simply not allowed to film. #OJENROEJFA22 @OJEN_ROEJ

[HSHS Law @HshsMoot]

S.2 b states that the freedom of the press is inalienable. However, public media outlets being unable to televise court proceedings is not an infringement of such freedom. #OJENROEJFA22 @OJEN_ROEJ

[HSHS Law @HshsMoot]

If the judicial system were to implement strict regulations in an attempt to monitor how media complies with broadcast regulations, scarce judicial resources would be unnecessarily employed. #OJENROEJFA22 @OJEN_ROEJ

[HSHS Law @HshsMoot]

Allowing the live streaming of court cases could negatively influence the decisions of witnesses in a court of law. This would violate section 11. (d) which guarantees the right to a fair and impartial trial. #OJENROEJFA22 @OJEN_ROEJ

[HSHS Law @HshsMoot]

Within the judicial system, the notion that Canada should take part in live broadcasting is supported by the United States, wherein public trials are televised. The U.S Constitution, however, contains a public trial clause - which the Charter does not. #OJENROEJFA22 @OJEN_ROEJ