COURT OF QUEEN S BENCH OF ALBERTA CRIMINAL PRACTICE NOTE #4 Q.B
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1 COURT OF QUEEN S BENCH OF ALBERTA CRIMINAL PRACTICE NOTE #4 Q.B. CRIMINAL ORDERS RESTRICTING BANNING PUBLICATION, PUBLIC ACCESS OR OTHER NON DISCLOSURE ORDERS IN CRIMINAL MATTERS 1. This practice note applies to an application for: a. a publication ban, b. a partial sealing order, c. an order preventing the identification of a witness, including the use of pseudonyms, d. an in camera hearing, or e. any other non disclosure or access limiting order. under a judge s discretionary statutory or common law authority; it does not apply to orders which are mandated by statute. This practice note is not intended to restrict the Court s inherent jurisdiction to issue a publication ban of its own motion or determine appropriate interested parties. 2. Interested parties include the crown, the defence, a directly affected witness, the electronic and print media, and any other person named by the Court. Any other party claiming an interest in the proceedings must apply to the Court for standing to be heard at the application. 3. The procedure for the application is: a. The applicant must file three copies of the Notice of Application, prescribed in Form A, with the Clerk of the Court in the appropriate Judicial District and serve all interested parties except the media at least two clear days before the beginning of the proceeding to which the application relates. The applicant must also transmit an electronic copy of the Notice of Application to the electronic address of the Clerk of the Court of the appropriate Judicial District, at least two clear days before the proceeding to which the application relates. (i) (ii) The Clerk of the Court shall re-transmit the Notice of Application electronically to the media noted on a list to be kept by the Clerk of the Court, or his/her designate. The Clerk of the Court shall post the Notice of Application at the place reserved for giving notice at the Courthouse where the application is to be (Note l) heard.
2 4. The application maybe made to: a.) the trial judge, if the trial judge has been assigned; b) a Criminal Appearance Court judge; c) the supervising judge or designate. 5. The Applicant may apply to the Court for further directions as to the persons to be served and the manner of service. 6. The information that is the subject of the initial application shall not be published without leave of the Court until the application is heard. Sealing/Unsealing Court Files 7. An application to seal the entire court file, or an application to set aside a sealing order, must be made to the Chief Justice, the Associate Chief Justice, or a designate, who may make such directions as to the parties, manner and time for service of notice that they, in their discretion, deem appropriate. Note 1 Until the electronic method is in place, the following procedure will govern: 3. a. The Applicant must file with the Clerk of the Court three copies of the Notice of Application, as prescribed in Form A, and, except with leave of the Court, serve the interested parties, except the media, two days before the beginning of the trial, application, proceeding, or matter to which the order is to apply. b. Unless otherwise ordered, and pending the implementation of an electronic form of notice, notice to the media is given by filing Form A with the Clerk of the Court, who will post the notice at the place reserved for such notice at the courthouse where the application is to be heard.
3 CRIMINAL PRACTICE NOTE #4 FORM A File # IN THE COURT OF QUEEN S BENCH JUDICIAL DISTRICT OF BETWEEN: 1 HER MAJESTY THE QUEEN -and- X Notice of Application for an Order Restricting Publication or Public Access Take notice that an application for a (specify the order sought, for example: publication ban, access restriction, protect witness identity) will be made before the Presiding Justice at, Alberta on the day of, 20 at a.m./p.m. on behalf of (name of applicant) 1 who is (describe applicant: Crown, accused witness etc.) And further take notice that the specific terms of the proposed order sought are (describe the nature of the order: publication ban, access restriction etc.), and the proposed duration of the order is. And further take notice that the specific grounds for the application are (describe legal basis for application, for instance s. 486 of the Criminal Code). 1 Parties (if the ban or sealing order relates to the identity of a party, that party may be temporarily identified by initials pending the hearing of the application).
4 And further take notice that on the application reference will be had to Queen s Bench Practice Note # 4 and (describe evidence to be relied on: affidavit, viva voce or other and any statutory provision or rule). Dated this day of, 20. Counsel for the Applicant Address and phone number of Applicant or Applicant s counsel. Note: The information that is the subject of this application may not be published without leave of the court.
5 COURT OF QUEEN S BENCH OF ALBERTA CIVIL PRACTICE NOTE NO. 12 ORDERS RESTRICTING MEDIA REPORTING OR PUBLIC ACCESS EFFECTIVE SEPTEMBER 1, Unless otherwise provided for in another practice note, this practice note applies to an application for: a) the use of pseudonyms, b) a publication ban, c) a partial sealing order, d) an order permitting participants in judicial proceedings to testify behind a screen or in some other fashion to prevent their identification, and e) an order for an in camera hearing, under a judge s discretionary legislated or common law authority. 2. Interested parties include the parties to the lawsuit, the electronic and print media, and any other person named by the Court. 3. a. The Applicant must file with the Clerk of the Court three copies of the Notice of Application, as prescribed in Form A, and, except with leave of the Court, serve the interested parties, except the media, at least 2 clear days before the beginning of the trial, application, proceeding, or matter to which the ban or order is to apply. b. Unless otherwise ordered, and pending the implementation of an electronic form of notice, notice to the media is given by filing Form A with the Clerk of the Court, who will post the notice at the place reserved for such notice at the courthouse where the application is to be heard. 4. The application must be made to the judge assigned to hear the case. If that judge is unknown or unavailable, the application must be made to the case management judge. If there is no case management judge, the application must be made to the Chief Justice, the Associate Chief Justice, or a judge they have authorized to hear such applications. 5. The Applicant may apply to the Court for further directions as to the parties to be served and the manner of service. 6. Any party not referred to in para. 2 above and claiming an interest in the proceedings must apply to the Court for standing to be heard at the application. 7. The information that is the subject of the initial application may not be published
6 -2- without leave of the Court until that application is heard. 8. If satisfied that there has been a failure to comply with the requirements of this practice note, the Court, on application or on its motion, may: a) make any of the orders provided in Rule or 704(1)(d); b) require the party or counsel representing the party, or both, to pay the reasonable expenses incurred because of any noncompliance with this practice note, including counsel s fees; or c) make any other appropriate order. Sealing / Unsealing Court Files An application to seal the entire court file, or an application to set aside a sealing order, must be made to the Chief Justice, the Associate Chief Justice, or a judge they have authorized to hear such applications, who will give directions regarding notice and service. Dated this 15 th day of July, 2004 Allan H. J. Wachowich Allen B. Sulatycky Chief Justice Associate Chief Justice
7 COURT OF QUEEN S BENCH OF ALBERTA NOTICE TO THE PROFESSION Audio Recording Policy - Effective September As noted in the January 2007 issue of Law Matters, the Court of Queen s Bench of Alberta will be introducing a new policy which will allow accredited members of the media to use audio recording devices during court proceedings. This policy will come into effect on September 2, 2008, so please be advised that members of the media may be taking audio recordings of proceedings in the Court of Queen s Bench for verification purposes only. This practice will be restricted to journalists working for accredited media organizations which have signed an undertaking acknowledging that they will abide by the restrictions of the policy. Restrictions on the use of audio recording are as follows: Recordings are to be for verification purposes only; Copying, selling and broadcasting the recordings are prohibited; Recording devices must be unobtrusive and not disrupt the proceeding; The Court Clerk and the presiding Justice must be informed that the use of an audio recording device is proposed, or the reporter must prominently display their identification card/badge while in a courtroom; Recorded communication which does not form part of the official record, such as private conversations between counsel, will not be used for any purpose; and The presiding Justice may exercise their discretion to prohibit recording of all or part of the proceeding. If you are appearing in the Court of Queen s Bench in the judicial centre of Calgary, we would remind you that proceedings may be recorded by members of the media present in the courtroom and also by those in the media centre receiving a live feed of the proceedings. Questions concerning this policy may be directed to the office of the Chief Justice in Edmonton (phone ), or to the office of the Associate Chief Justice in Calgary (phone ). Dated August 20, 2008
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