Ebooks
Recording Your Trial Ebook

It is my duty as a reporter to investigate reports and claims of misinformation being spread by the Family Law Court Clerks. For my investigation I called Ontario Court Houses asked the very simple question:

"Can I bring a digital recorder to my own trial to for records purposes?"

Below is the audio recordings from each Court House. Recording your own trial is perfectly legal as outlined in the Courts Of Justice Act 136: Exception 2(b)

To download a free ebok called "Recording Your Own Court Hearing In Ontario" please click here.

Prohibition against photography, etc., at court hearing

136.Subject to subsections (2) and (3), no person shall,

(a) take or attempt to take a photograph, motion picture, audio recording or other record capable of producing visual or aural representations by electronic means or otherwise,

(i) at a court hearing,

(ii) of any person entering or leaving the room in which a court hearing is to be or has been convened, or

(iii) of any person in the building in which a court hearing is to be or has been convened where there is reasonable ground for believing that the person is there for the purpose of attending or leaving the hearing;

(b) publish, broadcast, reproduce or otherwise disseminate a photograph, motion picture, audio recording or record taken in contravention of clause (a); or

(c) broadcast or reproduce an audio recording made as described in clause (2) (b). R.S.O. 1990, c. C.43, s. 136 (1).

Exceptions

(2)Nothing in subsection (1),

(a) prohibits a person from unobtrusively making handwritten notes or sketches at a court hearing; or

(b) prohibits a lawyer, a party acting in person or a journalist from unobtrusively making an audio recording at a court hearing, in the manner that has been approved by the judge, for the sole purpose of supplementing or replacing handwritten notes. R.S.O. 1990, c. C.43, s. 136 (2); 1996, c. 25, s. 1 (22).

Exceptions

(3)Subsection (1) does not apply to a photograph, motion picture, audio recording or record made with authorization of the judge,

(a) where required for the presentation of evidence or the making of a record or for any other purpose of the court hearing;

(b) in connection with any investitive, naturalization, ceremonial or other similar proceeding; or

(c) with the consent of the parties and witnesses, for such educational or instructional purposes as the judge approves.

I actually went into the courthouse with my recorder and recorded this live. She says I cannot record my own trial and that it states that in her "RULEBOOK". When I ask to see the rule book her memory gets all fuzzy and she has a hard time remembering what law it was that governs recorders. She ends up passing the "rulebook" (which was the courts of justice act btw) over to me and said "here. Its in here". Good job London.

She also states that you cannot even bring a digital recorder into the BUILDING and that security would take it away. This is completely wrong! There is nothing that states that security can take away ANY recording device.

You know the courts and staff need some serious reeductation when their own POLICY ADVISOR gets it wrong!.

In this message Gail tells us that it is up to the judge and that it is their courtroom (For the record Gail courtrooms belong to the public and not Judges and they are limited by the law).

Here is their trickery. If you ASK permission to use a recording device then YES it is up to the judge since you have relinguished your right to make your own decision regarding recorders.

What Gail doesnt mention is that if you DO NOT ASK the judge then it its perfectly legal for you to record REGARDLESS of the judges decision.

So, thanks to Gail I have now made it a point to advise people to never ask permission from judges to record. Simply, record. If they disallow you then they are breaking the law.

Thanks Gail.