Thursday, January 15, 2004

Professor Lorne Sossin, commenting on recent attention to a secret trial held in Canada, says sometimes, secrecy can serve the cause of truth ("Justice done, justice seen", Globe and Mail, November 12, 2003).

The recent revelations over a secret trial revolve around an allegedly improper commission paid to secure a deal for the federal government's purchase of helicopters from Eurocopter Canada. The secret trial raises questions as to whether this proceeding should have been conducted in secret, Prof. Sossin says, and more broadly, whether secrecy has any place in any legal proceeding.

Generally, Prof. Sossin says he finds the idea of a secret trial odious, but in some cases, there are good reasons for all or parts of a proceeding to be held behind closed doors.

"The decision in the Eurocopter case to shield the proceedings from the public may not, in retrospect, turn out to have been justified in light of the credibility of the evidence and the motivations of the informants in the case. But, the aspiration to strike a balance between the sometimes competing goals of fairness, justice and transparency in the justice system is justified," says Prof. Sossin.

Read the full commentary.