WHEREAS the Criminal Code fails to provide for appeals by third parties affected by orders made by superior courts in the course of criminal proceedings;
WHEREAS such orders may include publications bans, sealing orders and orders for in-camera proceedings that substantially affect the rights and freedoms of the public and, in particular, the media;
WHEREAS such appeals can now only be undertaken directly to the Supreme Court of Canada, with leave, as appeals from orders of a "court of final resort" pursuant to section 40 of the Supreme Court Act;
WHEREAS the Supreme Court of Canada has called on Parliament to amend the Criminal Code to fill this "jurisdictional lacuna" by establishing statutory rights of appeal for third parties in such circumstances;
BE IT RESOLVED THAT the Canadian Bar Association urge the federal government to introduce amendments to the Criminal Code as soon as possible, to ensure that statutory rights and procedures of appeal to provincial and territorial courts of appeal are available to third parties with respect to publication bans, sealing orders and in-camera orders issued in the course of criminal proceedings in superior courts.
Certified true copy of a resolution carried as amended by the Council of the Canadian Bar Association at the Mid-Winter Meeting held in Banff, AB February 14-16, 2003.
John D.V. Hoyles
Executive Director/Directeur exécutif