judgment preparation, privacy, and the Internet Saturday, 25 August 2018 Meeting the challenge judgment preparation, privacy, and the Internet Thank you. I'm very glad to have the opportunity to speak to you today.

Privacy Issues are everywhere Information technology Saturday, 25 August 2018 Privacy Issues are everywhere Information technology Electronic government Commercial uses of information Court technology

Access to the law A core value of democracy Saturday, 25 August 2018 Access to the law A core value of democracy fair and public hearing freedom of expression Publication is basic to judge-made law

Traditional means of access Clerk’s office inconvenient and costly Law reports law libraries points of entry Public information -- practical obscurity

The challenge Public access in the Internet age World Library Saturday, 25 August 2018 The challenge Public access in the Internet age World Library Courts in Canada & around the world other Internet sources Recognize privacy requirements Courts around the world recognize that is appropriate to provide Public Access <- to judicial decisions. In the 21st Century, <- that means Electronic Access. <- The public expects to be able to find public information freely available on the Internet. That’s why it is known as the WORLD LIBRARY. <- With improved access, it is essential to recognize appropriate Privacy Requirements. <-

What is privacy? The right to be let alone, and more life, liberty and security of the person secure against unreasonable search and seizure The right to control when, how and to what extent Not absolute

Privacy outside the Courts Saturday, 25 August 2018 Privacy outside the Courts The general rule Protected by legislation PRIVATE, unless… PROTECTED BY LEGISLATION FOIPP Privacy Act Personal Information Protection and Electronic Documents Act provincial legislation?

Privacy in the Courts Exceptions to access to the law PUBLIC, unless… Saturday, 25 August 2018 Privacy in the Courts Exceptions to access to the law PUBLIC, unless… To protect other values of great importance

Fundamental values Protecting the vulnerable Saturday, 25 August 2018 Fundamental values Protecting the vulnerable Protecting the right to a fair trial Protecting complainants, witnesses Protecting innocent persons from harm The Supreme Court of Canada has stated that Access to the law is of Central Importance to our democratic society. The Court has also stated that access to the law MAY BE LIMITED where necessary to protect other values of fundamental importance. These values include: <-(vulnerable) - sexual assault complainants, children <-(fair trial) - bans on jud. int. rel, voir dires, Dagenais <-(admin of justice) - undercover officers, witnesses. COMMON THEME- protecting innocent persons from harm <-

Protecting the vulnerable Children Persons under a disability Health and social assistance statutes

Right to a fair trial Preliminary inquiry Bail application Voir dire Transfer hearing

Administration of justice Minors Sexual offences Any other offence violence against the person investigatory process, witnesses

Values protected by Mandatory statutory bans Discretionary bans Saturday, 25 August 2018 Values protected by Mandatory statutory bans Discretionary bans statutory or common law Sealing orders Judgment writing These fundamental values are protected when necessary, by means of <scr> <scr>, or <- [SAY THIS: -- The Privacy Protocol assists judges to address these privacy concerns AND ensures that judgments AS POSTED to the Internet protect those same fundamental values.

Restrictions on publication Interim bans Ban regarding identity Total ban / confidentiality

Privacy: more than a name Identifying facts accused’s identification relationship school, town, birth date… Cumulative Initials -- or...

Meeting the challenge Internet vs. the law Judgments reviewed Saturday, 25 August 2018 Meeting the challenge Internet vs. the law Judgments reviewed hold for temporary restriction remove information; notice Judgments on the Internet - official or not? To address these concerns and to fulfill our mandate, we have developed a new procedure for addressing privacy concerns in the judgment database. <-see screen) <-

Meeting the challenge Kate Welsh Alberta Justice Saturday, 25 August 2018 Meeting the challenge Kate Welsh Alberta Justice