02-04-2016, 09:32 AM
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#908
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Franchise Player
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Quote:
Originally Posted by troutman
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From Laura Fraser and the CBC Live Blog, on the bikini photo ruling:
Quote:
Horkins: There's a publication ban on including anything that might name or publicly identify the complainant.
"At the outset of this proceedings, I made an order that I would facilitate media access to exhibits [and] that transparency would be the default position."
The photo, however, is in a sealed envelope right now.
Horkins said the "open court" principle is recognized in the court, but he says that Fischer’s argument that the court allowed for the video of Ashley Smith’s death -- a teenager who died in custody -- may not hold water here.
In that case, Smith’s family wanted the video released -- and it highlighted the actions of the accused in the case.
Today, however, the image is of a complainant, one of who strongly opposes the release of the photo, he said. And, as the Crown has said, this could deter others from reporting.
Given the historical under-reporting of sexual offences, the judge said he considers it important to make others feel comfortable that their identity will be protected if they report an alleged sexual assault.
“There is a serious societal interest in protecting this witness’s privacy interests,” he said.
The judge said that the photo has already been described in detail and it does not seriously infringe on the freedom of the press.
“Quite seriously, it’s my view you don’t need to see it, to get the picture.”
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