The open courts principle and the Internet: Transparency of the judicial process promoted by the use of technology and a solution for a reasoned access to court records.

摘要

The justice system has worked, to date, under conditions of practical obscurity, but now that technology affords us easier and better access to court information, why would we consider that limiting access will make the justice system better? New technologies are only tools available for the citizenry to access information.; The Canadian Judicial Council 2005 Protocol and Policy, recognize the importance of the open courts principle, but propose unprecedented limitations to the inclusion of information that was until now available in judgments, court records and dockets.; I will demonstrate that the open courts principle is not to be pushed aside without proper testing based on solid criteria which is to be conducted on a case by case basis, on an approach which is not statutory or policy driven, and which is flexible and leaves the judge in control of the judicial process.