Friday, November 2, 2007

Goudge Inquiry: Commissioner Imposes Unopposed Publication Bans;

Commissioner Stephen Goudge has imposed two publication bans - neither of which were opposed by the media.

The first ban, as requested by Commission Counsel. imposes a limited non-publication order to ensure that the Commission hearings comply with existing non-publication orders that arise under statutes, including but not limited to the Child and Family Services Act, the Youth Criminal Justice Act, or the Young Offenders Act, or that were made by courts in earlier criminal or civil proceedings and that have not expired.

The second, as requested by lawyer James Lockyer, prohibits the publication of the identities of seven of his clients who have standing at the Inquiry and the publication of any information that may tend to identify those seven clients.

Goudge made clear that the bans he imposed do not detract from the legal requirement that,"Public hearings, by their very nature, must be conducted in public as far as possible."

"That is their raison d'etre," Goudge said, in his decision, released Nov. 1, which is posted on the Inquiry Web-site.

Goudge's ruling allows individuals who want to be named to be fully identified and will protect the identities of those who do not wish to be named through the use of synonyms. Deceased children will be identified through first names, initials, or relationships.

Goudge has imposed restrictions which should allow the public to be fully informed while protecting identities where necessary.

The evidence portion of the Inquiry, which will include testimony from pediatric forensic pathologist Dr. Charles Smith, begins November 12;

Harold Levy;