Hyde (Re)

Hyde (Re)

The court denied the media's request for copies of the expert reports and permitted on-site, supervised review only because the inquiry's custodial control over exhibits, the risk of misrepresentation and decontextualization of expert evidence, and existing public access via webcasting together justify restricting publication and copying while preserving open proceedings.

Citation
2010 NSPC 21
Parties
Acting Inquiry Counsel: Charles Broderick; Attorney General: Attorney General of Nova Scotia; Interested Parties: Joanna Blair and Dr. Hunter Blair; Union Intervener: Nova Scotia Government and General Employees' Union; Police: Halifax Regional Police; Health Authority: Capital District Health Authority; Physician/interested Party: Dr. Janet MacIntyre; Physician/interested Party: Dr. Stephen Curry; Non Governmental Organization: Schizophrenia Society of Nova Scotia; Non Governmental Organization: Canadian Mental Health Association; Media Applicant: The Canadian Press
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
10 February 2010
Procedural Posture
Fatality Inquiry Under the Fatality Investigations Act / Decision on Media Access to Expert Reports During the Inquiry (pre Publication Access)
Outcome
Request to obtain copies for publication denied; permission granted for supervised on-site review only
Legal Topics
Media Access to Court Records, Open Justice, Control of Exhibits, Expert Evidence, Publication Restrictions
Source Language
English
Administrative Law Constitutional Law Evidence Law Media Law Media Access to Court Records Open Justice Control of Exhibits Expert Evidence +1 more

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Parties

Charles Broderick

Acting Inquiry Counsel

Attorney General of Nova Scotia

Attorney General

Joanna Blair and Dr. Hunter Blair

Interested Parties

Nova Scotia Government and General Employees' Union

Union Intervener

Halifax Regional Police

Police

Capital District Health Authority

Health Authority

Dr. Janet MacIntyre

Physician/interested Party

Dr. Stephen Curry

Physician/interested Party

Schizophrenia Society of Nova Scotia

Non Governmental Organization

Canadian Mental Health Association

Non Governmental Organization

The Canadian Press

Media Applicant

Procedural Posture

Fatality Inquiry Under the Fatality Investigations Act / Decision on Media Access to Expert Reports During the Inquiry (pre Publication Access)

Legal Issues

  1. 1 Whether the media is entitled to copies of expert reports admitted as exhibits in the inquiry
  2. 2 How to balance open court principles and freedom of expression with the inquiry's custodial control over exhibits
  3. 3 Whether unrestricted publication of expert reports would risk misrepresentation or decontextualization of evidence

Ratio Decidendi

The court denied the media's request for copies of the expert reports and permitted on-site, supervised review only because the inquiry's custodial control over exhibits, the risk of misrepresentation and decontextualization of expert evidence, and existing public access via webcasting together justify restricting publication and copying while preserving open proceedings.

Court Disposition

Request to obtain copies for publication denied; permission granted for supervised on-site review only

Orders

  • The Canadian Press may review the experts' reports at the inquiry offices at a time convenient to the inquiry
  • No copies of the reports shall be provided to the Canadian Press