01/09/07

Canada's government warns against end to automatic ban on reporting some evidence

By ROB GILLIES
Associated Press Writer

BRAMPTON, Ontario (AP) -- A government lawyer warned Tuesday that a challenge by several media organizations to a law allowing automatic bans on the publication of evidence could jeopardize suspects' rights to a fair trial.

The argument came during a hearing at the Ontario Court of Justice in Brampton a day after the media organizations, including The Associated Press, challenged a court-ordered ban from last summer on publishing evidence from the bail hearings of 18 suspects accused of plotting terror attacks in southern Ontario.

The organizations are contesting a law that automatically grants publication bans on evidence at bail hearings if a suspect requests it. The groups argued that the media are surrogates for the public and have an obligation to report on allegations facing suspects. Sixteen of the 18 suspects in the terror case support the ban.

Government lawyer John North argued the law protects the defendants' right to a fair trial and avoids biasing potential jurors.

He argued that without the automatic ban, a suspect's ability to be released on bail promptly would be compromised because a media lawyer would have to be called in and arguments would have to be heard, causing further delay in an already swamped court system.

"Some people may forgo their fair trial interest in an effort to secure their liberty," North said.

Lawyers for The Associated Press, the Canadian Broadcasting Corp., CTV television and the Toronto Star argued Monday that the media have an obligation to report about why eight of the 18 suspects have been released on bail pending trial. The details of the evidence against them may not be printed or broadcast.

Canadian authorities announced June 3 they had foiled a homegrown terrorist plot, claiming the suspects tried to obtain three tons of ammonium nitrate. They said the accused were inspired by al-Qaida.

One defense lawyer has said that his client and some of the suspects were charged with plotting to storm Parliament, take hostages and possibly behead the prime minister if Muslim prisoners were not released from prison.

The media challenge could have ramifications for all bail hearings in Canada.

Justice Bruce Durno could rule on the challenge as soon as Wednesday.