Lawyers balk at proposed court security rules

Share

Members of the public entering Ontario courthouses could be forced to show identification, answer questions and possibly see their cars searched under new security rules proposed at Queen's Park.

Some in the legal profession, including the Ontario Bar Association, are balking at the provisions contained in the government's proposed Bill 34, which comes before the Ontario Legislature's standing committee on justice on Thursday.

Critics argue that members of the public, already subjected to weapons searches and metal detectors, should be able to attend open court proceedings anonymously if they choose. Plus, the OBA warns, if implemented, the new rules could cause lineups that would see courthouses grind to a halt.

David Sterns, a Toronto lawyer and chair of public affairs for the OBA, said the provision to demand ID from courthouse visitors was an "unwelcome" initiative, and that the current arrangements seem to strike the right balance.

"It's an impediment to somebody wanting to attend," he said. "One of the great things about our court system is that anybody can show up, for any reason at any time. Having to show identification sends a signal that that right isn't as absolute as we thought."

Mr. Sterns also said that the proposal to subject the vehicles of courthouse visitors to a warrantless searches was too broad.

Spearheading the changes is Madeleine Meilleur, Ontario's Minister of Community Safety. She said in a phone interview that she was open to suggestions from the OBA and other groups, many of which also participated in consultations before the bill was drafted.

"I will listen to those who are using courthouses every day, the judges and the lawyers, and I will also listen to the civil liberties groups," Ms. Meilleur said.

However, she added that courthouses needed to be secure, in light of the potential for violence: "We're just trying to balance the desire to maintain an open and accessible court against the risk of violence and crime."

The OBA also takes issue with the possibility that lawyers could lose their current ability to show their professional credentials in order to bypass courthouse entry searches.

This objection is over more than the resulting hassle, Mr. Sterns said, as lawyers could be carrying confidential documents that would be compromised during a search.

The new rules could also subject courthouse visitors to questions meant to determine whether they are a "security risk" before being allowed inside.

Despite the objections, Mr. Sterns said he welcomed the government's overall plan to repeal the outdated Public Works Protection Act, which he described as "overly blunt," and replace it with legislation like Bill 34.

The old law, which covered a variety of public buildings, became controversial when it was used during the Toronto G20 protests in June 2010 around the event's security fence. The Liberal government vowed to repeal it and replace it with security laws tailored to the needs of different public buildings.

Lawyers, more than most, want courthouses to be safe, he said: "Nobody has more interest in maintaining the security of the courts than lawyers do. We're in the courts every day. This is vital to the safety of our workplace environment."