CANADIAN COURTS, LACKS TRANSPARENCY, AS IT BLOCKS RECORDINGS, IN ITS COURT PROCEEDINGS..
CANADA, HAS ONE OF THE WORST HUMAN RIGHTS RECORDS, WHEN IT COMES TO ITS JUDICIAL SYSTEM. THE WAY TO PROTECT INDIVIDUALS AND CERTAIN GROUPS, IS TO ALLOW CAMERAS AND AUDIO RECORDINGS, IN ITS COURTS.
"Where there is no publicity there is no justice. Publicity is the very soul of justice. It is the keenest spur to exertion and the surest of all guards against improbity. It keeps the judge himself while trying under trial." - Jeremy Bentham, English Reformer.
I have no choice as a Blogger and journalist, but to continue to advocate, for the use of both cameras and audio recordings, in the Canadian courts. This is a fight that should also be taken up by human rights organizations, to protect the rights of Bloggers and other journalists, from facing persecution from the Canadian government, when they choose to write about its human rights abuse. I have personally been thrown to the dogs, on this one. No human rights agencies are willing to take up my cause, mainly because of that government’s influence, to sabotage my case. That has not deterred me from either seeking to get justice in my case, or to continue to expose its human rights abuse through my Blog, or any other avenues that I have chosen to do so.
The right to Blog, Article 19, UNESCO. "Blogging plays an invaluable role in the free flow of information worldwide and is a true example of the democratization of publishing in the online world". Agnes Callamard, Executive Director of Article 19, of the Convention.
" In the 21st century, many bloggers will take their place as watchdogs, alongside traditional media. The international community and individual states must develop protection for bloggers, just as they have developed protection for traditional media. Similar protection must be provided to bloggers. ARTICLE 19's policy, The Right to Blog, offers recommendations on how this should be done in practice". Agnes Callamard, Executive Director, ARTICLE 19, UNESCO, CONVENTION, ON THE DIVERSITY OF CULTURAL EXPRESSIONS.
Chief Justice of Canada, Beverley McLachlin" Anyone with a keyboard and access to a blog can now be a reporter. And who is to say they are not?"
(The problem is, that the Chief Justice of the Supreme Court of Canada, Beverly Mclachlin, also do not put her words into practice, in this sense. First of all, your case will not get before her, to begin with. The S.C.C. only hear a limited amount of cases, about 12 percent). Secondly, if your case is about the individual rights and freedoms, you are barking up the wrong tree. The S.C.C., will only hear, and rule on those cases, that has a broader (public) appeal. Anything that is sensational and or has a wider public interest (minus your individual rights), the Supreme Court of Canada, will hear those cases. Take its human rights record, in the judicial system?. Need I say any more?.
It should also be noted here, that one of the three main features of the Conference, that were of concern and which came under scrutiny, is one of the following. The "mass surveillance" of governments, in censoring citizens online, which has a "chilling effect of freedom of expression online". The three main areas of concern were, 1. Increasing repressive legislation, 2. Blocking, filtering and content removal and 3. Mass Surveillance. Article 19, of the Convention addresses all of those concerns, with the focus on providing bloggers with the same means of protection, as other journalists. It is time those protections, be enforced and put into practice. This Blogger, has been and is still facing severe persecutions, as a result of her Blog, Canada Human Rights Abuse is Exposed. The Truth is Revealed. Currently, all of her efforts in any Canadian courts, Administrative Tribunal, or Boards and in any of its legal and judicial systems, are currently blocked. And efforts are continually, being made to silenced her. She intends to make those responsible, for ARTICLE 19, also acts upon it, to protect her rights in this case.
If bloggers are journalists, should they all benefit from the same legal protections?. Article written by Johnathan Ah Kit.
The New Zealand court agree, that Bloggers are a main part of the media and should be afforded the same protections. Justice Asher, said in his ruling on a case, Craig vs Slater, where a Blogger, Cameron Slater, was seeking, $16 million dollars in damages as a payout, in a defamation lawsuit, against former Conservative Party leader, Colin Craig, in a counterclaim, against the politician. The judge stated that: "The definition (i.e. of a journalist), does not impose quality requirements and does not require the dissemination of news to be in a particular format".
This ruling is important, because of the rules of common law (which in this case, would also include the Commonwealth Evidence Act, of Australia, an Act used in the Australian federal court. Which is a commonwealth country, like Canada) and which both Canada, New Zealand and Australia, are a part of. The application of that Act, based on the (rules) of common law, in anyone of those countries, can and does, have implications in other Commonwealth countries. So, if a precedent was set in that ruling, i.e Craig, vs Slater, in the Australian court, it could also apply to any similar case in Canada. (Canadian courts are much more open to using case laws, or common laws, even from other countries and especially, commonwealth countries, in its decisions).