Judge Lefever considered an application by Quintal to seal a forensic
assessment filed in criminal proceedings. The application was successfully
opposed by The Edmonton Journal and The Edmonton Sun. This is an
extensive review of open justice, and a ringing endorsement of open
justice in the context of criminal sentencing. It is mandatory reading
for media lawyers. He concluded:
In my opinion, one of the vital parts of a criminal prosecution
centers upon the sentencing hearing. It is not sufficient for
the public to learn that a person charged with a serious criminal
offence was convicted in a public trial, but that a significant
part of the sentencing hearing is to be withheld from the public.
[205] As the ultimate disposition of the prosecution is the sentencing
of the accused, the proper disposition of the prosecution should
be kept fully in the public view. This includes making available
to the public any critical exhibits filed which were before the
court on the sentencing hearing.
[206] Save for the protection of third parties which has been
referred to above, there is no reason to seal the FACS report.
By allowing full access by the public to the FACS assessment,
with a limited publication ban on some identifying information
in respect of third parties, the compelling societal values inherent
in s. 2 (b) of the Charter are protected.
