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 A B.C. judge's ruling allowes news media to record final arguments in the criminal trial of nine men accused of smuggling migrants ROD MICKLEBURGH
Victoria -- It was no O. J. But the otherwise tedious trial of nine Korean crew members made Canadian legal history here yesterday as reporters were allowed to use cameras and tape recorders to document courtroom proceedings. While legal arguments at the Supreme Court of Canada are televised, Canadian criminal trials had heretofore been free of the ubiquitous TV cameras that have turned sensational U.S. cases such as the O. J. Simpson murder trial into long-running media soap operas. Now that the barrier has been broken, judges, lawyers and justice officials alike expect television cameras gradually to become commonplace in Canadian courtrooms. "This certainly has the potential to be the dawning of a new era," said Rick McCandless, assistant deputy minister in charge of B.C.'s court service branch. "We are now conducting a survey of all our courtrooms to see whether they can accommodate the camera technology that is required." Media lawyer Dan Burnett, who argued successfully for expanded coverage on behalf of the CBC, said judges will find it difficult to refuse such requests in the future. Defence lawyer John Oman also welcomed the development. "Banning courtroom cameras has been one of those unwritten laws of the land that dies very hard, but in my view, the time has come," said Mr. Oman, following the trial's first televised morning. The only cautionary note came from defence lawyer Bradley Hickford, representing crew members Chung-Un Choi and Chong-Sub Park. Mr. Hickford said he was concerned that the presence of cameras might distract the jury. And he was skeptical that the media are interested only in giving the public a more comprehensive view of the court system. In a few isolated instances in special circumstances, judges in Canada have previously allowed courtroom cameras, but this is believed to be the first time a judge has given the green light to the electronic media for an ordinary trial. In his 20-page written decision handed down last week, Mr. Justice Ron McKinnon of B.C. Supreme Court urged other judges to follow suit. In other Canadian legal precedents, the trial was broadcast live over CBC Radio's Internet site and carried unedited on a local cable station. Judge McKinnon is presiding over the trial of nine Korean nationals charged with attempting to smuggle 131 Chinese migrants into Canada via a derelict fishing boat last August. The ship was intercepted and nine crew members, including Captain Chong-Un Kim, were taken into custody. Because the CBC's application was made toward the end of the lengthy trial, the judge restricted filming to closing arguments, which began yesterday, and his address to the jury. CBC cameraman Mike Johnston was also warned not to show members of the jury, some of whom were concerned about being publicly identified, or film any of the nine defendants. Mr. Johnston's pictures were shared with TV reporters from other stations. Radio reporters were also permitted to tape proceedings, and a newspaper photographer was allowed to take pictures inside the courtroom. First up was defence lawyer Tim Russell, defending Captain Kim and crew member Chang-Young Kim. He spoke for 45 minutes on behalf of his clients, reminding the jury of the harrowing tale told by Capt. Kim, that he had been forced to transport the migrants by an armed gang of "snakeheads" who boarded his ship in the East China Sea. "The only evidence about what happened on that ship is the evidence of Captain Kim. Ask yourself: why couldn't it have been true?. . . . He concluded with the familiar words: "Ladies and gentlemen of the jury, you must return a verdict of 'not guilty.' " Only this time, the public could see or hear it for themselves. Day helping new party make gains while Liberals maintain solid national lead, poll finds By SHAWN MCCARTHY - Saturday, July 29, 2000 Alberta law on child
prostitution struck down Accord reached to preserve
B.C. rainforest Ontario water-system crisis
looms Critics blast plan to kill
off Banff fish Ottawa to appeal cigarette
ruling
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