1. 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.

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

3. 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

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

5. 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. <-

6. 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

7. 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?

8. 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

9. 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 <-

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

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

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

13. 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.

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

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

16. 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)
<-

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