03/05/08

Media challenges news blackout of Canadian terror suspects' hearings

By ROB GILLIES
Associated Press Writer

TORONTO (AP) -- Several media organizations, including The Associated Press, are asking an appeals court to lift a news blackout on a terrorism case that one lawyer says includes charges of a plot to storm Canada's parliament.

Authorities announced the arrest of 17 suspects in June 2006 after they allegedly tried to obtain three tons of ammonium nitrate. They accused the suspects of plotting terror attacks in southern Ontario and said they were inspired by al-Qaida.

One defense lawyer has said his client and some of the other suspects were charged with plotting to attack Parliament, take hostages and possibly behead the prime minister if their demands for the release of Muslim prisoners were not met.

His comments caused widespread concern and heightened terrorism fears in Canada.

Since then, five of the suspects have been released on bail pending trial. The press is not allowed to report why.

A judge in 2006 imposed the restriction on news coverage of the ongoing bail hearings of the 17 suspects. Journalists may observe the hearings, but may not report on them.

Canada's criminal code allows judges to bar the publication of details of bail hearings if the accused requests a ban.

Lawyers for The Associated Press, the Canadian Broadcasting Corp., CTV television and the Toronto Star appealed the blackout before Ontario's Court of Appeal on Tuesday and Wednesday.

They argued the media are surrogates for the public in the courtroom and have an obligation to report on the allegations facing the 17 suspects.
Paul Schabas, one of the lawyers representing the media, told the panel of five judges that the public should be told why the suspects were released.

"Law enforcement officials, in announcing the arrests, stated that the accused posed 'real and serious threat,' were planning a 'terrorist attack', and that the accused were 'adherents of a violent ideology inspired by al-Qaeda,'" Schabas said in a court document. "Despite this, five of the accused have now been ordered released. The police are not saying anything. The public has a right to know why this has occurred."

Most of the lawyers for the suspects want the ban to remain. Some said news coverage could bias potential jurors. Others said challenging a publication ban would be an unfair burden for suspects while they are trying to win their release.