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Justice system must figure out social media: top judge

canada social media, Chief Justice Beverley McLachlin

Chief Justice Beverley McLachlin delivers a speech at Carleton University in Ottawa on Tuesday, Jan. 31, 2012. (Sean Kilpatrick / THE CANADIAN PRESS)

Updated: Tue Jan. 31 2012 10:18:39 PM
The Canadian Press

OTTAWA — The verdict is in from the country's top judge: the justice system must learn to deal with social media, such as Twitter and Facebook.

That's because a free press and an independent judiciary have an "indispensable" role to play in a democracy that is committed to the rule of law, Chief Justice Beverley McLachlin said Tuesday.

In a speech to students at Carleton University, McLachlin said the media in general are essential to building public trust in the administration of justice.

But she says newspapers, radio and television are "old technology" at a time when anyone with a keyboard can create a blog and call themselves a journalist.

She wondered whether fairness and accuracy might be lost in the world of Facebook, tweets and instant messaging, which she says are part of a profound, cultural shift in how people communicate.

"Some bloggers will be professionals and academics providing thoughtful commentary and knowledge," she said. "Others will fall short of basic journalistic standards. Will accuracy and fairness be casualties of the social media era?

"What will be the consequences for public understanding of the administration of justice and confidence in the judiciary? How can a medium such as Twitter inform the public accurately or adequately in 140 characters or less of the real gist of a complex constitutional decision?"

McLachlin's remarks are timely given the so-called "honour killing" trial that ended in Kingston, Ont., over the weekend with convictions and life sentences handed down against a man and his parents in the first-degree murder of four family members.

Justice Robert Maranger, the trial judge, banned tweeting from his courtroom. He allowed the use of electronic devices such as laptop computers for the purposes of note-taking only.

However, other high-profile criminal proceedings -- such as the Russell Williams murder case in October 2010 -- featured live tweeting from the courtroom. The disgraced former air force colonel pleaded guilty to two first-degree murder and numerous sexual assault charges.

In a question-and-answer session, McLachlin declined to comment on the Canadian cases.

McLachlin said in her speech that North American judges "are already grappling with some of these questions. Should judges tweet? Should they be on Facebook? And other, more complex, queries wait in the wings."

The issue raises serious questions, she said, including whether online publicity can prejudice the fair trial of an accused.

"If witness or juror contamination is a concern with television, is it not even more so with ubiquitous social media accessed or received automatically via a hand-held device?" McLachlin said.

Regardless, McLachlin concluded that the interests of the media and the courts "are inextricably intertwined."

"As the media invent and re-invent themselves, so must judicial understanding evolve of how we relate to the media. We must look forward; we dare not hang back.

"This is our only choice, for what is at stake is nothing less than the rule of law."


Comments are now closed for this story

Tim
As opposed to anyone with a typewriter calling themselves a journalist? Or anyone with a microphone? Next thing you know anyone with a guitar will call themselves a musician, or anyone with a camera a photographer! God help us! What if people realize all you need to be a politician is a lot of hot air! Seriously though, this woman's points and argument are moronic at best and is just more reason to keep governments & corporations out of determining how social media should be handled. They don't know what they're dealing with and couldn't tell you what 'freedom' is beyond a buzzword that gets them elected.


Dorothy in Kansas
Let me get this straight, Sun "news" and Fox "news" are openly partisan Conservative organizations, but the problem is Facebook and Twitter? HA!


Gary
If you read one or two of her written judgments, you would not be so flippant. When she speaks, we might not instantly agree - but it's a good idea to pay attention.


Diane
I am of the opinion that Canadians need to be far more concerned about the politically left leanings of this particular Chief Justice of the SCC than I am about Twitter or Facebook's influence on our society.


long live social media!
facebook, twitter, are useful the way they are;don't get mad at them! get used to them!"firm grip"= censorship?


Prof. Pye Chartt
Huh? This story is a buttered pancake.


Roland
What the "justice system" and the "judiciary" should concern themselves with is JUSTICE.Clean up your own pathetic house before you worry about facebook and twitter.Crime is rampant with REPEAT offenders.Scofflaws are let out with a slap on the wrist.The whole system needs to be blown up and retooled with ELECTED judges and proper sentencing guidelines.


Paul
She should move to China or Iran; they have a "firm grip" on media. She would fit right in.


Frank Buchan
Maybe the justice system should figure out the idea of justice first.


Brian
That's because a free press and an independent judiciary have an "indispensable" role to play in a democracy that is committed to the rule of law, Chief Justice Beverley McLachlin said Tuesday.Are you kidding me? The press and the Judges in this country are left leaning and hardly independent as they are beholden to those who appointed them and sign their budget allotments.


simone
"some bloggers are professional , some are not". What an inane comment coming from a intellectual (???)It is called freedom of speech and politicians and the ilk are fearful because people are sharing opinions faster and more factually. It was a great tool wasn't it until they realized they have NO CONTROL.DEMOCRACY


zane
For those of you who think that her statement about electronic media is frivolous, you really need to realize that that the justice system and the media are inextricably tied together. More than one person has been tried and convicted in the media and this has had bearing on the judicial process. There is a good reason why she is the Chief Justice.


shawn kroeker
Tim you nailed that one man.


reidjr
Dorothy in Kansas If sun news or fox clearly told some one how to avoid the police they would be in a ton of trouble as with twitter etc there are no real laws and people are telling other people have to avoid the police etc this is a issue.


PinVIC
There really is no difference between Facebook, blogs, Twitter than the Globe & Mail, Nancy Grace or the Enquirer. All mediums of communication vary in how they tell a story, their accuracy and reliability. It is up to the public to discern what is true journalism and what is exaggerated. Courtrooms do not rely on the National Enquirer to taint juries, public opinion yet they exist. Similarly, courts have operated with the advent of radio, television and computers. Surely the Chief Justice cannot find Facebook and blogging a challenge or impediment to her decision-making or that of the Supreme Court!


Alb Dude
I think they are afraid of folks on Twitter & Fb commenting on their sometimes lenient and non-logical judgements given to criminals and young offenders.


reidjr
simone
You really think freedom of speech should let people help others escape police etc?


S in Vancouver
Of course the judiciary are terrified. This is the first time in human history where someone can reach the same audience as "the government". I'm excited to see where the future takes us when everyone can listen to anyone, rather than selectively filtered press releases and media stories.


Hugh
She is one of those Justices who think they are there to make the law not just to interpret the law passed by Parliament.


J.C.
I believe she is rightfully pointing out that judges must become well aware of any pitfalls that twitter or chat lines etc., might interfere with justice in the courtroom. Especially if a jurist was influenced via this type of media. Well I guess rules will have to be put in place so juries will no longer be able to use their cell phones or other electronic devices while they're deliberating, or have their internet access blocked during that time. Makes sense to me.


Stanton Verscay
Justice system must figure out social media: top judgeIn 1998 I was lying on a stretcher in a hospital waiting room waiting to be treated for second/third degree burns while people nearby were having a party.I discussed this with the doctor who treated me later. He uttered these memorable words: "you can't legislate morals".Perhaps, the good judge should remember this.


KJ in Kingston Ontario
Actually -- a lot of independent --NON-PROFESSIONAL observers are I believe more likely to present an accurate, balanced and complete report of events than a few professional reporters with training, an agenda to sell ads to support their salaries...


Sam C
@Paul "She should move to China or Iran" and others ... You're missing the point. She is NOT saying to prohibit social media. She is saying that social media is the reality, and we need to determine how to incorporate it into the justice system. In the past, a "media ban" would be honoured by journalists. Bloggers and other observers may not feel compelled to honour such a restriction -- many claiming "free speech" -- and could twitter details that should have been withheld. Also, her concern that jury deliberations might be tainted by Twitter messages is quite legitimate.


Ivan
Sure was a lot easier for the judiciary when a large section of the public couldn't read or had access to information. Now, they have to deal with a large amount of the public discussing and judging their decisions and some of them don't like it. Well too bad. The more questions/voices being heard is a healthy part of a modern/open society. The days of the ivory tower judge are long gone.


Chris V
The truth is Facebook and Twitter are unedited. It is not approved by some editor before going to print, It’s raw and in real time. We all have our own opinions about different subjects, and have the right to freedom of speech. Now when you think about it, legally it is more beneficial to Canadians, especially when it comes to defamation of character. You can't erase a TWEET once tweeted. :)


wstrncehnehdeh in SK
Do "reporters" actually report/investigate anymore? They've abandoned truly journalism just like scientists have abandoned true science. Instead they have an agenda and they want to convince the reader of their opinion. So actually there are very few journalist anymore. Most are just people with preconceived ideas and opinions and for some reason they think they are going to change the world.


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