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The second part will outline the common law offence of contempt of court and narrow the scope of this paper. The second part will set out and explain the arguments in favour of, and against, codifying the law. Finally, the last part of the paper will set forth some proposals for reform.
The Openness Principle
Even before freedom of expression was enshrined in our constitution, the judiciary noted that the basic principle governing judicial proceedings in Canada was their openness. Canadian courts are public institutions and accordingly, courtroom occurrences should be public business. As one Supreme Court justice stated, "openness was to be the rule; covertness the exception...
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