Hyde (Re)

Parties

Procedural Posture

Fatality Inquiry / Procedural Hearing (pre Evidentiary)

Legal Issues

1. 1 Whether direct downloading of CCTV/video surveillance exhibits to the internet is required by the open court principle and s.2(b) of the Charter
2. 2 Whether the court may or should permit unlimited public access to exhibits in the same digital format as presented in court
3. 3 Balancing public interest in openness and education against privacy rights of non-testifying individuals (prisoners and staff) and risks of uncontrolled redistribution/manipulation

Ratio Decidendi

Direct downloading of the CNSCF video surveillance to the internet is not required by s.2(b) and the open court principle; the court must protect privacy interests of non-testifying prisoners and staff, cannot control or regulate the infinite downstream use and manipulation of internet-distributed exhibits, and adequate public access and openness is achieved through live-streaming of proceedings with the exhibit played in-court; therefore direct downloading is prohibited.

Court Disposition

Application to prohibit direct downloading of CNSCF video surveillance to the internet granted

Orders

• Direct downloading of the Central Nova Scotia Correctional Facility video surveillance exhibit to the internet is prohibited.
• The video surveillance exhibit will be played in open court and live-streamed as part of the Inquiry proceedings; counsel are to address with the court measures to protect the privacy of individuals captured on the footage (including possible obscuring of identities) prior to unaltered webcasting.