Media Access to Refugee Proceedings in Canada
AbstractThe authors explore the mechanism adopted by Parliament to afford a refugee claimant and his or her family the protection of a qualified shield. They begin the investigation by noting that open proceedings are the general rule in Canada, and in camera hearings are the exception. The statutory provisions which allow the reversal of the open hearing rule are analyzed with particular attention to the question of which burdens must be satisfied by the person seeking a hearing that is less than open. The balancing of competing rights under the Charter of Rights is reviewed with respect to the right of the public to have access to the courts and the rights of the refugee claimant to his or her privacy, security of the person and a fair trial. The various factors taken into consideration by a court considering the exclusion of members of the public from a refugee hearing are listed, including those found in the Immigration Act. The authors conclude that the restrictions on access to refugee hearings are reasonable and can be demonstrably justified in a free and democratic society
Author(s) retain original copyright in the substantive content of the titled work, subject to the following rights that are granted indefinitely:
- Author(s) grant the Alberta Law Review permission to produce, publish, disseminate, and distribute the titled work in electronic format to online database services, including, but not limited to: LexisNexis, QuickLaw, HeinOnline, and EBSCO;
- Author(s) grant the Alberta Law Review permission to post the titled work on the Alberta Law Review website and/or related websites.
- Author(s) agree that the titled work may be used for educational or instructional purposes and/or in educational or instructional materials. The author(s) acknowledge that the titled work is subject to other such "fair dealing" provisions and applicable legislation.
- Author(s) grant a limited license to those accessing the titled work from an electronic database or an Alberta Law Review website to download the titled work onto their computer and to print a copy for their own personal, non-commercial use, subject to proper attribution.
To use the journal's content elsewhere, permission must be obtained from the author(s) and the Alberta Law Review.