CBC fights to bring cameras into O'Brien trial
Last Updated: Wednesday, April 29, 2009 | 7:17 PM ET
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If the CBC's application is approved, two cameras would be positioned in the courtroom to record Mayor Larry O'Brien's criminal trial. (CBC)The Canadian Broadcasting Corporation has applied for permission to bring cameras into the courtroom during the criminal trial of Ottawa Mayor Larry O'Brien.
Lawyers for the CBC filed a notice of application with the Ontario Superior Court of Justice late Tuesday.
O'Brien's trial begins next Monday and stems from allegations that O'Brien tried to persuade his opponent, Terry Kilrea, to drop out of the 2006 mayoral race.
Kilrea swore in an affidavit that O'Brien offered to pay his campaign expenses and help him get a job with the federal government if Kilrea dropped out of the race.
In December 2007, O'Brien was charged with pretending to have influence over the government of Canada or a minister of the government in order to gain a benefit, contrary to Sec. 121(d) of the Criminal Code.
He was also charged with soliciting, recommending or negotiating an appointment in order to gain a benefit, contrary to Sec. 125 of the Criminal Code.
The CBC said it would like to place two unstaffed cameras in the courtroom. One would record the judge and the witness stand, and the other, the lawyers for both the prosecution and defence.
The Crown and defence are being asked their opinions about the cameras, but ultimately, the trial judge has the final say over whether cameras will be allowed or banned from the courtroom.
If cameras are approved, that would mean the CBC could record every minute of testimony for broadcast or live streaming over the internet on CBCNews.ca.
In the affidavit CBC lawyers submitted, the CBC argues that forbidding cameras in the courtroom places the electronic media at a disadvantage because it "places a severe limit on their ability to gather and present the news that's important to their viewers and listeners.""Note-taking," the CBC also argued, "can never capture the gestures, facial expressions, voice quality and other subtleties that are often central to effective communication of information and viewer understanding."
The affidavit says the public interest in the trial can't be overstated because the charges against the mayor raise questions about the outcome of the 2006 municipal election.
O'Brien will take a leave of absence from Ottawa city council beginning Saturday in preparation for his trial.
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