‘I’ve never seen anything like it’
RCMP, court staff take heat for locking journalists out of La Loche courtroom
The prosecutor handling a high-profile school shooting case said he was “pretty surprised” to learn journalists had been locked out of a northern Saskatchewan courthouse while the judge delivered an important sentencing decision.
“I’ve never seen anything like it,” Crown prosecutor Pouria Tabrizi-Reardigan told reporters Friday in La Loche, adding he did not know reporters had been barred from entering until after court adjourned late Friday morning.
Reporters from multiple news outlets, including the Saskatoon StarPhoenix, arrived in La Loche to cover provincial court Judge Janet McIvor’s decision on the issue of whether the shooter should be sentenced as a youth or an adult.
The man, who was 17 when he killed four people and wounded seven others at a home and school in the community, will be sentenced as an adult next month in Meadow Lake, McIvor ruled. A publication ban on his identity remains in effect.
Sean Sinclair, a partner at Robertson Stromberg LLP who has litigated cases for the StarPhoenix, said transparency is the bedrock of a functioning judicial system, and journalists act as surrogates for the broader public by reporting what happens in courtrooms.
“Justice must not only be done, but be seen to be done,” Sinclair said, adding he has not once in the 14 years he has practised law seen reporters barred from court at the commencement of a proceeding.
The editor of Saskatchewan’s two largest daily newspapers said she is concerned about the decision to deny reporters access to the court proceeding.
“The special responsibility that the media has as part of the justice system has clearly been laid out by the Supreme Court of Canada,” said Heather Persson, editor of the Saskatoon StarPhoenix and the Regina Leader-Post.
“I am concerned about the lack of understanding shown today by the RCMP and court staff about this role. We completely understand the need for family and community members to be accommodated, but the press needed to have some access as well in that small courtroom.”
Media outlets were told earlier this month that the sentencing decision would be broadcast via closed-circuit television to Meadow Lake, but virtually all of them chose to travel to La Loche, to be in the community where the shootings happened.
Court officials told the Saskatoon StarPhoenix on Thursday that while most if not all of the courtroom’s 32 seats were reserved for victims and their families, the courtroom doors would likely be left open, allowing reporters to listen from the lobby.
The sentencing decision was scheduled to begin at 10 a.m. Friday. About 30 minutes earlier, a deputy sheriff told reporters they could not enter the courtroom. It wasn’t until around 11:30 a.m., more than 10 minutes after someone left the courtroom, that a pool reporter — nominated to provide files to all media outlets — was permitted to enter and begin covering the decision.
“Initially, the media was completely blocked from covering this very important proceeding. The fact just one pool reporter was eventually let in — after proceedings had already begun — is troubling,” Persson said.
She is also concerned that reporters were not allowed into the building, let alone the courtroom, she said.
Judges do not typically comment publicly on the court process, but on Friday evening, courts communications officer Dawn Blaus said in an email that McIvor didn’t “at any time” order the doors to be locked or that media be prevented from attending.
“In fact, the judge was unaware either had occurred until the decision was complete, and was extremely dismayed to learn that this was so,” Blaus said. “It is the judge’s understanding that these decisions were made by the deputy sheriffs and the RCMP, and any further questions with respect to this matter should be directed accordingly.”
RCMP spokeswoman Mandy Maier said while no one was permitted in the courthouse lobby “for security reasons,” no RCMP member locked the courthouse doors. Maier said she didn’t know who locked the doors or gave the order for them to be locked. Maier said she could not comment on whether the RCMP will review what happened to ensure it does not happen again.
A request for an interview with Justice Minister Don Morgan was declined. The Ministry of Justice issued a prepared statement, which said decisions about court proceedings are made by the judiciary, which is independent.
“The location of the sentencing is at the discretion of the judge, who elected to hold this hearing in La Loche to allow the community to participate. The La Loche courtroom presents challenges with regards to capacity,” the statement read. “The court determined the priority was to accommodate victims and their families who wanted to be present during today’s proceedings. The capacity of the room did, unfortunately, even limit participation from some family members.”