PDF Version: Order in the Court! The Use of Electronic Devices in Alberta Courts and Freedom of Expression
Policies commented on: Policy on the Use of Electronic Devices in Courtrooms, Alberta Court of Appeal, October 28, 2013; Electronic and Wireless Devices Policy, Court of Queen’s Bench of Alberta, January 2012
Last week the Alberta Court of Appeal (ABCA) issued a Notice to the Profession attaching its Policy on the Use of Electronic Devices in Courtrooms. The Policy applies to all ABCA courtrooms, and prohibits use of electronic devices in those courtrooms by members of the public. For those persons, “Electronic devices … must be turned off and kept out of sight” (section 3). Only lawyers and “accredited media members” are permitted to use such devices in ABCA courtrooms (section 4), subject to certain restrictions. Anyone who uses an electronic device contrary to the Policy may face sanctions including being required to leave the courtroom or declared in civil contempt of court (section 12). The Alberta Court of Queen’s Bench (ABQB) has a similar Electronic and Wireless Devices Policy, requiring that all electronic devices be turned off in its courtrooms, but exempting counsel and some members of the media from that rule. The Provincial Court of Alberta (ABPC) has adopted the ABQB Policy. This post will describe the details of these policies, and will examine whether the policies are consistent with freedom of expression as protected by section 2(b) of the Canadian Charter of Rights and Freedoms.