Courtroom courtesy
Judges, lawyers and litigants need to hear each other clearly and concentrate on the case. Please keep that in mind when entering or leaving a courtroom. Members of the public and media can not go beyond the bar unless invited by the judge to do so (the bar is a railing or half wall that separates the public seating area from the area where those involved in a hearing are).
Tools
Most courthouses have public Wi-Fi.
Taking photographs or video inside any Provincial courthouse is generally prohibited, but cameras may be brought into court for safekeeping.
In courtrooms, accredited media may use electronic devices to transmit and receive text in a discreet manner that does not interfere with the proceedings. The Use of Electronic Devices in Courtrooms policy explains when and how accredited media may use electronic devices to audio record proceedings for note taking only.
Use of Electronic Devices in Courtrooms
Accredited media access to court proceedings and court records
Tips for journalists
Journalists play a crucial role in safeguarding democracy by informing the public how the justice system operates and how the law being applied in our courts affects them. Improved public understanding of court processes and judicial decisions can reduce misinformation that undermines democracy.
Some media have adopted practices that help the public understand the law. The information below can help journalists explain certain common legal concepts to the public.
Explaining the purpose of publication bans
Most publication bans are imposed by Criminal Code provisions that are mandatory and do not give the judge any choice. When bans are discretionary, the law states the factors a judge must consider. When reporting on a ban, explaining its purpose will help people understand the reason for the ban.
Examples
- “The 21-year-old man cannot be named under a court-ordered publication ban put in place to protect the identity of his victim.”
- “The evidence at a preliminary hearing is covered by a publication ban so as not to taint potential jurors with information about the case.”
- “While the contents of a bail hearing are covered by a publication ban to protect an accused’s right to a fair trial, the results of such hearings can be published.”
Explaining legal terms the public may not understand
Examples
- “The case is currently in a voir dire, a hearing generally held to determine admissibility of evidence.”
- “He has requested a preliminary hearing. This is a hearing held to determine if sufficient evidence exists to proceed to trial.”
- “When Crown and defence lawyers make a joint submission on sentence, the judge must follow it unless the proposed sentence would bring the administration of justice into disrepute or would be contrary to the public interest.”
Including sentencing details
Journalists can improve understanding of sentencing by:
Including not only aggravating factors but also mitigating factors about the offender and the offence that were presented in court and considered by the judge
Reporting all aspects of the sentence such as stating if there was a joint submission, identifying the credit required by the Criminal Code for time spent in jail before sentencing, and referring to ancillary orders like licence suspension and Sex Offender Information Registration Act registration
Making it clear when mentioning facts that were not disclosed to the judge
Referring to someone as an offender only if they have been found guilty, before that they are an accused person
Including links to judgments
When a judge’s reasons for decision have been posted online, it is helpful to include a link to the reasons.
Images
Canadian judges don’t use gavels. BC media have led the country in adopting other images for their court reporting, including the stock photos provided by the Provincial Court.
Not in BC!
Judges don’t use gavels
We say lawyer or counsel, not counsellor or attorney
There are no sidebars, everything said in court is on the record
No one “approaches the bench”