In recent years, however, citizens have indicated that their rights to record their own court hearing are being obstructed by many judges and lawyers.
Misleading signs are being posted at many courthouses which attempt to fool the people into believing that they have no rights.
Some citizens tell of being threatened with arrest for attempting to exercise their lawful rights. A number of judges and lawyers are afraid to allow citizens having a separate record of what may have been said in court as this makes it more difficult to alter transcripts and hide the truth.
Those who tell the truth and conduct themselves in an honourable manner should have no fear of audio recordings made in the court. Only those judges and lawyers who are afraid and want to hide the truth will object to audio recording in the court.
If anything, audio recording helps promote the administration of justice in a number of ways. It allows citizens maintain their own accurate record of events in court and allows them to review the day’s events without having to wait weeks and sometimes months for transcripts.
Audio recording will also serve as a deterrent to those who may think of lying to the court, including lawyers who often introduce evidence which is not on the official court records.
Most citizens who go to court agree that they would feel safer and be more trustful of the justice system if they were allowed to independently record their own court hearing.
What do I do if my rights are being violated? If you are refused your rights under law to enter a court building, should a judge refuse to acknowledge your rights under the Courts of Justice Act (136.1) in his/her court or should any lawyer argue against your rights in the courtroom, then it is important for you to take appropriate steps to protect your rights and freedoms by filing complaints against those responsible for violating your rights as well as the principles of fundamental justice. If you don’t exercise your rights you will lose them!
If you are refused access to your court by court security officers then ask for their badge numbers and make a note of the date and time of the incident.
If a judge refuses to recognize your rights then request that the judge issue an order to this effect.
It is a good idea to have another person with you to witness any violation of your rights. More detailed information about how to exercise your rights to record your hearing can be obtained on the website http://www.canadacourtwatch.com
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