Publication Bans

A public bank can be issued if it is necessary in order to prevent a real risk to the fairness of the trial or if the salutary effects of the public ban outweigh the deleterious effects to the free expression of those affected.According to Media Law Resource Center (MLRC), 50 state survey (pp 81) “open court” principle presumes that the public poise in the honesty of the court system and the agreement of ensuring that there is justice is made in openness and in public. The reasons for doing this are to ensure that an effective evidentiary process is maintained. The evidence process is very important when it comes to handling lawsuits. It is the quantity of the available evidence which determines whether to prosecute the accused or not (Boyd 50). The accused is innocent until proven guilty, and this can only be determined by the amount of evidence that the court has against him.In a free and democratic society, the Dagenais/Mentuck rules should not be applied. This is because the public will be excluded from some of the information if the rules are not applied to statutory. The court is there to ensure that there is justice and that culprits are put behind bars. It is the right of the public to know how justice is provided.According to the Canadian Charter of rights and freedom, there should be reasonable limits in relation to what should be published. The court has the right to withhold some information in relation to some lawsuits so as to protect some parties. It is with great concern to note that all this is done to benefit the mere citizen (Jacob 20). The representative of the citizen is the government. The government is supposed to ensure that its citizens are up to date on how the country is doing and whether justice is being served. Judges are human beings and can be subject to discrimination and bribery. No one is perfect, and that is why there should be openness when it comes to court rulings and the information is available to the general public.