In the 19th Century, English Philosopher Jeremy Bentham warned against secrecy in the administration of justice: “Where there is no publicity there is no justice. Publicity is the very soul of justice. It is the keenest spur to exertion and the surest of all guards against improbity. It keeps the judge himself while trying under trial.” Those words still ring true today. In countries sharing the common law tradition, the open courts principle is a fundamental, indeed a constitutional principle.
Right Honourable Beverley McLachlin, P.C.
Regarding the denial of access, Justice Marriott was clear that she can not change what happened in the past. The message is clear: if you are the mother and you deny access, you will get away with it. The penalties the Alberta Family Act provides for denied access are not applied in the Court of Justice Marriott.
The Order of Justice Marriott was appealed by me, the father, and the appeal was granted, Memorandum of Judgment, though the Court of Appeal basically ignored number of significant issues which were before Justice Marriott, and they are still unresolved (make-up time for the 10 days Ms. Rensonnet denied access, etc.)