Editorial

COURTS MUST BE OPEN

In 1999, an accused heroin trafficker was convicted and sentenced to four
years in prison. This week, the Ontario Court of Appeal not only quashed
the conviction based on "fresh evidence," but also took the extraordinary
step of ordering the information sealed and then issued a publication ban
on the identity of the accused.

The federal Department of Justice and the Ontario Attorney General had
asked the court to seal the evidence and the court agreed, citing a
"miscarriage of justice." The evidence was also deemed to be so sensitive
that even the defendant's lawyer was prohibited from viewing it.

The lawyer, Greg Lafontaine, said he can only assume that the conduct of
police during the investigation "was extremely troubling." Since 1999, the
Justice Department has dropped more than 50 drug prosecutions and
speculation is that it is connected to alleged misconduct by members of the
Toronto police drug squad.

Regardless, the public's right to know what goes on inside a courtroom --
through proceedings that are open and accessible -- is essential to
preserve the credibility of the administration of justice.

If police tactics are an issue, or if the Crown mishandled the case, then
there must be accountability.

In a free and democratic society, it is unacceptable to overrule the
public's right to know.