August 11, 2004
There has been a major development in an Ottawa Valley homicide case, but what is thought to be an unprecedented publication ban, granted without the media being notified, bars the Citizen from reporting what happened.
The situation has left open-court advocates questioning what they view as an infringement on freedom of the press and the public's right to know.
"Ultimately, the law belongs to the public, and the courts belong to the public," said Ottawa University law professor David Paciocco.
"The public is entitled to know what goes on in courts.
"The open-court principle is essential to protect freedom of expression and freedom of the press, which are essential to democracy."
Ontario Superior Court Justice Michael Quigley will be trying to contact the lawyers involved, in order to get them back to court to lift the ban he ordered last week in the case of Brian Crogie, 57.
Mr. Crogie was charged in February 2002 with first-degree murder in the shooting death of his girlfriend of 12 years, Glenda LaSalle. Ms. LaSalle's body had been discovered in the couple's Barry's Bay apartment.
Mr. Crogie has been in jail ever since.
Last week, a pre-trial conference between the judge, Mr. Crogie's defence lawyer, Michael Crystal, and Renfrew County Crown attorney Peter Barnes was held in Ottawa. Such conferences are held to plan administrative details of trials and discuss legal issues that could come up in the course of the trial.
Before the conference, Mr. Barnes told a Citizen reporter nothing important was expected to happen. However, after meeting in chambers, counsel and the judge returned to court where the judge announced the publication ban on the proceedings that followed.
Despite the Supreme Court of Canada's directive that the media should be given notice of publication ban applications prior to going to court so arguments against them can be prepared, nobody in the media was contacted.
Mr. Paciocco and Paul Schabas, a Toronto media lawyer, said in the circumstances of Mr. Crogie's case, they have never heard of a publication ban such as this being sought or granted.
"I'm not aware of another," Mr. Schabas said. "Bans under our law are unusual and should only be granted when there's a need to override the public's right to know. Reasons of convenience to the parties is not a basis under our law to justify a ban. This kind of ban, I can't understand.
"It's disappointing that nobody gave notice to the media, because the Supreme Court says, where possible, the media should be given notice in advance so it can attend and argue against the ban and in favour of the public's right to know."
Despite the high court's direction, publication bans continue to be sought and granted in Eastern Ontario without the media being notified. Mr. Schabas says in Toronto, the media are notified of publication ban applications on a regular basis.
At the centre of the issue is freedom of the press, which is guaranteed by Canada's Charter of Rights. This freedom is recognized under our law because members of the public rely on journalists to report on the actions of public institutions.

Based on the information received from the media on the performance of these institutions -- government and courts among others -- citizens make choices at the voting booth.
It is this democratic role the press plays that is enshrined in the Constitution, a guarantee that appears to have been infringed in this case, Mr. Paciocco said.
"If the public doesn't know what's happening, it can't cause change, and there can be no confidence in the judicial branch if they can act in secret," he said.
Eastern Ontario regional senior Superior Court Justice Monique Metivier contacted Judge Quigley yesterday.
"Judge Quigley intends to reconsider the ban very shortly," Judge Metivier said.
As it stands now, the ban is in place until mid-October, when Mr. Crogie will next appear in Pembroke court.
Until then, or until the ban is lifted, neither the Citizen, nor any other media can report on the substance of what happened in the murder case.
© The Ottawa Citizen 2004