Breaking The Seal: BCCA Recommends A Procedure For Media Challenges To Private Proceedings

The open court principle requires court proceedings to be open and accessible to the public. It is essential to the rights of freedom of expression and freedom of the press under section 2(b) of the Charter. The open court principle assumes that public confidence in the court system is fostered by openness and full publicity. However, the presumption of full publicity must be balanced with the protection of privacy rights and the proper administration of justice.¹

In exceptional circumstances, the courtroom may be closed to the public to protect those interests. In such situations, a court's reasons for such a decision will be part of the protected information.

This was the scenario in the recent case of Postmedia Network Inc. v. Named Persons, 2022 BCCA 431. In this case, the British Columbia Court of Appeal (BCCA) considered the proper procedure courts should follow when the media seeks standing in a sealed and in camera (i.e., private) proceeding for the