Section 38 and the open courts principle

Patrick, Jeremy (2005) Section 38 and the open courts principle. UNB Law Journal, 54. pp. 218-234. ISSN 0836-6632


One of the changes made in Canadian anti-terrorism legislation in 2001-2002 was an amendment to Section 38 of the Canada Evidence Act. The new Section 38 allows the government to withhold a vast amount of information from participants in a wide variety of judicial proceedings. This article argues that the new Section 38 compromises the long-standing principle of open and public access to the courts.

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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Faculty / Department / School: Historic - Faculty of Business - Department of Law
Date Deposited: 19 Sep 2013 02:49
Last Modified: 30 Sep 2013 01:23
Uncontrolled Keywords: Canada Evidence Act; terrorism; open access
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180108 Constitutional Law
18 Law and Legal Studies > 1801 Law > 180120 Legal Institutions (incl. Courts and Justice Systems)
22 Philosophy and Religious Studies > 2201 Applied Ethics > 220104 Human Rights and Justice Issues
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940499 Justice and the Law not elsewhere classified

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