Legal history was made in a British Columbia
courtroom on Wednesday. B.C. Supreme Court Justice Ronald McKinnon
allowed media audio and video recording equipment into the trial of
nine Koreans accused of smuggling Chinese migrants into Canada.
The Koreans have been on trial
for six months. They're facing a variety of charges including
criminal negligence for transporting more than 130 Chinese migrants
to the B.C. coast last summer.
McKinnon's decision
to let cameras into court room at this stage was sparked by an
application by the CBC.
A newscamera was fixed on the face of Justice McKinnon as he
reminded the media of the significance of what he called a unique
experiment.
"It's important that we do it right and that we do it in the
proper spirit and dignity that one expects from a court of criminal
jurisdiction in Canada," he said.
McKinnon has permitted one video camera and one still camera into
his court to provide images. A bank of audio recorders are plugged
in just outside the room, and the audio is being fed live onto the
Internet.
There are rules — none of the Korean defendants can be shown, nor
can the jury. And it's only the closing arguments and Justice
McKinnon's charge to the jury that electronic media can capture.
Defence lawyer Tim Russell, who represents the captain of the
migrant ship, was the first to address the jury.
"The accused need not prove anything, and there is no compelling
reason to accept the Crown's theory of this case as the only
rational conclusion," he said.
Although McKinnon's decision is not binding on any other B.C.
court, the Ministry of the Attorney General is now examining the
province's approximately 300 courtrooms to see how they can be
renovated to accommodate electronic media.
Mayland McKim, president of the B.C. Branch of the Canadian Bar
Association, believes the experiment will soon spread.
"This will be the first case in which someone can argue 'Look,
it's been done in British Columbia, no calamity has befallen the
British Columbia justice system, so let's do it here in
Saskatchewan, or Manitoba or New Brunswick.'"
Closing arguments in this precendent setting trial will continue
into next week.