Criminal Code of Canada - section 672.5(6) - Order excluding the public

section 672.5(6)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows for the exclusion of the public from a hearing if it is deemed to be in the best interests of the accused and not contrary to the public interest.

SECTION WORDING

672.5(6) Where the court or Review Board considers it to be in the best interests of the accused and not contrary to the public interest, the court or Review Board may order the public or any members of the public to be excluded from the hearing or any part of the hearing.

EXPLANATION

Section 672.5(6) of the Criminal Code of Canada allows the court or Review Board to exclude the public or any members of the public from a criminal hearing if they believe it is in the best interests of the accused and not contrary to the public interest. This section recognizes that there may be certain circumstances where excluding the public from a hearing may be necessary. The exclusion of the public can protect the privacy and safety of the accused from unwanted scrutiny and attention. In some cases, the accused may face significant public scrutiny and hostility, which can hinder their right to a fair trial. Section 672.5(6) gives the court or Review Board the discretion to exclude the public to ensure that the accused receives a fair and impartial hearing. However, the exclusion of the public should not be used solely to protect the accused. Section 672.5(6) also states that the decision to exclude the public must not be contrary to the public interest. This means that the court or Review Board must consider the public's right to access information about the criminal justice system and maintain transparency in legal proceedings. Overall, Section 672.5(6) of the Criminal Code of Canada aims to balance the rights of the accused to a fair and impartial hearing with the public's right to access information about the criminal justice system. By allowing the court or Review Board to exclude the public in certain circumstances, this section ensures that justice is served without putting the accused at risk of undue public attention or scrutiny.

COMMENTARY

Section 672.5(6) of the Criminal Code of Canada serves as a legal mechanism to safeguard the best interests of the accused and the public while balancing the interests of the judiciary. This section grants the court or review board the authority to order members of the public or the public's presence altogether excluded from a hearing if it deems it necessary to protect the accused's interests and is not contrary to the public interest. The provision serves as a crucial legal instrument for securing the rights of the accused and preventing any potential prejudice towards them during legal proceedings. It is essential to ensure that the accused receives a fair trial and receives the fullest protection under the law. The section allows the courts to limit the public's access to the proceedings and their evidence that might otherwise serve to bias the jurors and the judge's decision. The section allows the court or review board the flexibility to assess the facts and circumstances of the case, weigh them against the potential benefits and drawbacks, and make an informed decision about the accused's interests. This section balances the rights of the accused and the public, ensuring that one's rights are not compromised at the expense of the other's interests. The decision to exclude the public from the court proceedings is a grave matter, given the legal principle of open-court hearings. However, there may be instances where the accused's interests and the public interest may be at odds. For example, if graphic or sensitive evidence is presented, it may be necessary to exclude the public to ensure that the accused is not unfairly prejudiced. In such cases, the victim's right to privacy, dignity, and respect may also be protected. Additionally, limiting the public's access can be necessary to prevent undue pre-trial publicity and preserve the accused's right to a fair trial. In an age where social and traditional media readily report court proceedings, there is a real possibility that pre-trial publicity may influence public perception and impact the trial's outcome. Such unfavourable media attention can also have a profound impact on the accused's reputation and right to a fair trial. In conclusion, section 672.5(6) of the Criminal Code of Canada balances the rights of the accused and the public by allowing the court or review board the flexibility to exclude the public from criminal proceedings in the interests of fairness and justice. It ensures that the accused's fundamental rights are upheld while preserving the integrity and impartiality of the legal system. Overall, this provision is a necessary component of the Canadian Criminal Code, ensuring that justice is done for all.

STRATEGY

Section 672.5(6) of the Criminal Code of Canada allows a court or Review Board to order members of the public to be excluded from a hearing if it is deemed to be in the best interests of the accused and not contrary to the public interest. This provision allows for a range of strategic considerations when dealing with cases that involve sensitive subject matter or have high public interest. One key consideration is the nature of the case itself. If the case involves highly sensitive or personal information about the accused or victims, such as in cases of sexual assault or domestic violence, the accused may seek to have the public excluded from the hearing. This can help protect the privacy and dignity of all parties involved and can also reduce the risk of harm that may result from public scrutiny. Another consideration is the potential impact on the accused's reputation. If the accused is a public figure or has a high profile in the community, the publicity surrounding the case may have a significant impact on their reputation and standing. In such cases, the accused may seek to have the public excluded from the hearing to avoid further damage to their reputation. A third consideration is the impact on the public interest. If the case involves matters that are of significant public concern, such as cases involving national security or corruption, the public may have a legitimate interest in attending the hearing. In such cases, the accused may need to balance their right to privacy against the public interest in transparency and accountability. Strategies that could be employed when dealing with this section of the Criminal Code of Canada include: 1. Seeking a publication ban: In addition to excluding the public from the hearing, the accused may seek a publication ban to prevent the media from reporting on the case. This can be particularly useful in cases involving sensitive or personal information that could cause harm or embarrassment to the accused or other parties. 2. Negotiating with the prosecution: The accused may be able to negotiate with the prosecution to agree to the exclusion of the public from certain parts of the hearing or to limit the scope of the hearing. This can help to balance the accused's right to privacy with the public interest in transparency and accountability. 3. Seeking alternative dispute resolution: In some cases, the accused may be able to seek alternative dispute resolution, such as mediation or arbitration, to resolve the case without the need for a public hearing. This can be particularly useful in cases where the parties involved want to maintain their privacy or avoid the harmful effects of public scrutiny. Overall, when dealing with Section 672.5(6) of the Criminal Code of Canada, it is important to carefully consider the nature of the case, the impact on the accused's reputation, and the public interest in transparency and accountability. By balancing these factors and using strategic approaches, the accused can work towards the best possible outcome for their case.