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Court of Appeal for Saskatchewan

Docket: CACR2445 Date: 2018-09-25

Between:

David Neil Woods

Appellant

And

Her Majesty the Queen

Respondent

Before: Richards C.J.S., Whitmore and Schwann JJ.A.

Disposition: Application granted

Written reasons by: The Court

Counsel: James Streeton for David Neil Woods


W. Dean Sinclair, Q.C. for Her Majesty the Queen
Al McIntyre, Q.C. for Michael Nolin
David Hutton for CBC
Murray Wood for Rawlco Radio
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The Court
[1] The Court has received a request from the CBC on behalf of itself and a consortium of
media outlets [CBC] for leave to place two cameras in the courtroom on October 2, 2018, for the
purposes of recording and live broadcasting the hearing of the above-named appeal. The CBC
also seeks leave to use the audio feed from the Court’s audio recording system as well as an
access point on the Court’s LAN to connect a Dejero transmitter to the internet.

[2] The above request is granted subject to the following terms:


1. Members of the media must not record or transmit the following:
(a) the examination, cross-examination or re-examination of any
person testifying in the Court in this matter;
(b) private dialogue between or among legal counsel or between or among
legal counsel and their clients in any way that might allow the content of
the dialogue to be understood or deciphered by anyone;
(c) any document or image appearing on a computer screen, a counsel
table, the clerk’s desk or the dais, which is not a document or exhibit to
which the Court has permitted public access in accordance with Public
Access to Court Records in Saskatchewan: Guidelines for Media and the
Public, in any way that might allow the text thereof or the image to be
magnified, read, understood or discerned by anyone; and
(d) private dialogue between or among members of the presiding panel in
any way that might allow the dialogue to be understood or deciphered by
anyone.
2. The CBC may use the access point on the Court’s LAN solely for the purpose
of transmitting the video and audio of the hearing. Any other use of or access to
the Court’s LAN or its servers is strictly prohibited.
3. While the presiding panel may vary the conditions or restrictions placed on the
use of cameras in the courtroom, in general terms this order is subject to the
following conditions:
(a) no more than two cameras will be allowed in the courtroom at any
time;
(b) one camera shall be positioned in the back south-westerly corner of the
courtroom and a second camera shall be positioned on or adjacent to the
video conferencing console located on the south wall of the courtroom;
(c) the cameras may not be moved or repositioned without the leave of the
panel acting through the registrar of the Court;
(d) the registrar shall designate a space at the media table for a video
switch;
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(e) a fully-operational “bypass” switch must be positioned on the deputy


registrar’s desk;
(f) the cameras and operating personnel must be in place and ready at least
ten minutes prior to the scheduled commencement of the proceeding and
the cameras must not be removed while the Court is in session;
(g) the cameras must be operated in a way that does not distract the
presiding panel, or the parties to the proceeding or their counsel, or
otherwise interfere with the proceeding or court process;
(h) no lighting equipment may be brought into or used in the courtroom;
(i) personnel operating the cameras and equipment must comport
themselves in keeping with the nature of a judicial proceeding;
(j) no camera may be used in or from, and no operating personnel may
have access to, the well of the courtroom (beyond the bar) or the dais
except for the camera positioned on or adjacent to the video conferencing
console; and
(k) no camera may be used to record or transmit images or audio of the
public gallery of the courtroom.

[3] Nothing in this Fiat abrogates the overriding authority of the presiding panel to maintain
decorum in the courtroom over which it presides or from the primary duty of the presiding panel
to ensure that the proceeding is conducted in a manner consistent with the proper administration
of justice.

[4] Nothing in this Fiat restricts the presiding panel from imposing, at any time, conditions or
restrictions on the use of the cameras.

[5] The granting of this leave to use a camera in the courtroom does not affect or relieve
anyone from an obligation to comply with the legal requirements of a statutory or court-ordered
publication ban in effect with respect to the proceeding. Further, the presiding panel’s leave to
use a camera in the courtroom does not affect rights and obligations under The Privacy Act,
RSS 1978, c P-24.

[6] The registrar will place a notice on the exterior of the door of the courtroom to notify the
public that the proceeding therein is subject to being recorded or transmitted.

[7] On this basis, leave is granted to CBC to record and live broadcast the hearing of the
above-named appeal scheduled for October 2, 2018.

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