The Federal Court of Appeal recognizes that both the justice system and the public interest are well-served when the media are free to report court proceedings.

In view of this basic principle, this policy set outs a framework for relations between the Federal Court of Appeal, the media and the public.  

The Federal Court of Appeal is committed to ongoing consultation about this policy with representatives of the media, the bar and others, and to making adjustments in its application with experience.

Responsibilities of Media Liaison Officer

The Executive Legal Officer to the Chief Justice is the Federal Court of Appeal&r
squo;s principal contact for the media and the public, available to provide factual information and explanations about the administration of the Court and the legal context of decisions. The Executive Legal Officer makes every effort to respond to enquiries as promptly as possible and may be reached at medias-fca@fca-caf.gc.ca or (613) 995-5063.

The Open Court Principle

The general rule in Canada is that court hearings are open to the public and may be reported in full.  Every court in Canada has significant statutory and inherent powers to ensure that its proceedings are conducted fairly and to protect the integrity of the court’s process, which includes the power to provide guidelines for public and media access to court proceedings.

Public and Media Access to the Federal Court of Appeal

Hearings of the Federal Court of Appeal are generally open and accessible to the public and media, as are documents filed in Court. The Federal Court of Appeal is an itinerant court and sits in various cities across the country to best accommodate the needs of the parties.  The schedule of Federal Court of Appeal hearings is published on the Hearings List page. http://www.fca-caf.gc.ca/business/hearings/hearing_list_e.shtml

On Court premises, members of the public and media are requested to go about their business, bearing in mind the safety and dignity of all people involved in the proceedings.

Seating space in the courtroom is limited.  Where interest in a proceeding is such that there is not enough seating space for all those who wish to attend, Court staff may have to limit the number of persons who enter the Court room.  For security purposes, Court personnel will take into account the size of the courtroom when admitting the public and media to Court proceedings. Standing during a proceeding is not permitted.

For the purpose of note-taking or electronic communication, laptop computers, Blackberries and similar devices are generally permitted in court provided they do not cause any disturbance to the proceedings. This applies to members of the media, counsel and members of the public.

Communications devices, such as cell phones, pagers and similar devices are permitted in Court provided they are set on silent mode and not used for voice communication during Court proceedings.

Recording and Photographing Court Proceedings

Accredited members of the media may record proceedings to verify their notes of what was said and done in Court, but not for broadcast. Others (i.e., counsel or members of the public) must seek permission of the Chief Justice, who will consult with the presiding judge. If a request is approved, the Executive Legal Officer will work out the logistics.

Guidelines for electronic media coverage are set out in Appendix A.

Requests to conduct interviews on Court premises, or to record or photograph Court facilities, should be directed to the Executive Legal Officer.

Access to Court Documents

As a general rule, all Court documents are a matter of public record unless a legislative provision or Court order prohibits public access.

Copies of Court Documents

The Courts Administration Service provides registry and administrative services to the Federal Court of Appeal. All original court files are maintained in the principal office of the Registry in Ottawa.  A copy of each file is also maintained at the judicial center where the matter is being heard.  The Court has registry offices in the following cities: St. John’s, Charlottetown, Halifax, Saint John, Fredericton, Quebec City, Montreal, Toronto, Winnipeg, Regina, Saskatoon, Calgary, Edmonton, Vancouver, Whitehorse, Iqaluit and Yellowknife.

Documents may be viewed or obtained in person, or requested by fax from local Registry offices. The fee for hard copies is set by the Federal Courts Rules (currently $0.40 per page). There is no fee charged if the individual viewing the file makes copies using his or her own portable copier, digital camera or hand-held scanning device. However, in that case, no documents secured or fastened on the file may be removed from the file, nor can the spiral or other binding (e.g., plastic Cerlox binding) be removed and then rebound.  Documents may be viewed in a designated area and are not to be removed from the premises under any circumstances
Addresses and telephone numbers of Registry offices are provided in Appendix A.

Appendix A

Guidelines- Electronic Media Coverage of Court Proceedings

1.          General

1. Electronic media coverage of proceedings is permissible in accordance with these guidelines.
2. Media requests to cover a specific proceeding must be made in advance of the proceeding itself, and should be made to the office of the Executive Legal Officer to the Chief Justice.
3. A decision as to whether to allow electronic media coverage will be made by the Chief Justice, after consultation with the panel of judges hearing the particular case, as well as with the parties.
4. The Chief Justice or panel of judges hearing the proceeding may limit or terminate media coverage to protect the rights of the parties; to assure the orderly conduct of the proceedings; or for any other reason considered necessary or appropriate in the interest of the administration of justice.
5. No direct public expense is to be incurred for equipment, wiring or personnel needed to provide media coverage.
6. Nothing in these guidelines shall prevent the Chief Justice from placing additional restrictions, or prohibiting altogether, electronic media access to the Court's facilities.

2.         Limitations

Electronic media coverage is limited to proceedings in the Federal Court of Appeal held in the Court's facilities in Ottawa, Montreal, Toronto, Vancouver or any other offices determined by the Chief Justice.

3.         Equipment and Personnel

1. Unless the Chief Justice permits otherwise, not more than two portable television cameras, operated by not more than two camera persons, shall be permitted in any proceeding.
2. Unless the Chief Justice permits otherwise, not more than one still photographer utilizing not more than two still cameras with not more than two lenses for each camera and related equipment for print purposes shall be permitted in any proceeding.
3. Not more than one audio system for radio broadcast purposes shall be permitted in any proceeding. Audio pickup for all media purposes shall be accomplished from existing audio systems present in the court facility. If no technically suitable audio system exists in the court facility, microphones and related wiring essential for media purposes shall be unobtrusive and shall be located in places designated in advance of any proceedings by the Chief Justice or his designate.
4. If two or more media representatives apply to cover a proceeding, no such coverage may begin until all such representatives have agreed upon a pooling arrangement for their respective news media. Such pooling arrangements shall include the designation of pool operators, procedures for cost sharing, access to and dissemination of material, and selection of a pool representative if appropriate.

4.          Sound and light criteria

1. Only equipment which does not produce distracting sound or light shall be employed to cover proceedings.
2. Signal lights or devices to show when equipment is operating shall not be visible. Moving lights, flash attachments or other artificial light sources shall not be used.
3. The Chief Justice or his designate may authorize modifications or additions to be made in light sources existing in the courtroom, provided such modifications or additions are installed and maintained without public expense.

5.          Location of equipment personnel

1. Equipment shall be located in the courtroom in such places as are specified by the Chief Justice or his designate.
2. Media personnel shall not move about the courtroom while the Court is sitting, nor shall there be placement, replacement, movement or removal of equipment, or the changing of film, film magazines, or lenses. These activities shall take place prior to the commencement or after adjournment of proceedings each day, or during a recess.

6.          Use of Materials Generated through Coverage

Media representatives shall, within 10 days of publication or broadcast of any material generated through electronic media coverage of a proceeding, provide the Chief Justice or his designate with a copy of such publication or broadcast.

7.          Contact
For more information, please contact:

Chantelle Bowers
Executive Legal Officer to Chief Justice Blais
Federal Court of Appeal
Ottawa, ON
K1A 0H9
(613) 995-5063
chantelle.bowers@fca-caf.gc.ca.

Appendix B
Courts Administration Service
Addresses and Telephone Numbers of Federal Court of Appeal Registry Offices

The Federal Court of Appeal has established partnerships with provincial and territorial courts in the following locations for the receipt and filing of court documents, and the use of courtrooms where possible.  Contact telephone numbers are as follows:

St. John's, NL          709-772-2884
Charlottetown, PEI   902-368-0179
Saint John, NB         506-636-4990
Regina, SK              306-780-5268
Saskatoon, SK         306-975-4509
Whitehorse, YT        867-667-5441
Yellowknife, NT         867-873-2044
Iqaluit, NU                867-975-6100

Sources

Canadian Courts
Resources for Media, Supreme Court of Canada, at www.scc-csc.gc.ca
Resources for Media, Federal Court, at www.fct-cf.gc.ca