In a 30-page document submitted to the Supreme Court of the province, media lawyer Daniel Burnett argued that Hinkson did not consider the principle of open court, which is the core of the Canadian judicial system. The principle requires that anyone seeking a ban on publication must demonstrate that it is necessary to prevent harm.

Wagramov was charged in 2019 with a crime of sexual assault in connection with what his lawyer later described as an “embarrassing date.”

“Need” some transparency

The charge was put on hold a few months later through a procedure designed to allow criminals with no history of violence or sexual crimes to be held accountable for their actions while avoiding criminal records and civil liability.

When the allegations were shelved, officials only told the court that the mayor had “successfully completed” an alternative measure plan. Specific details were not disclosed.

CBC, CTV and Global filed an application to the Supreme Court of British Columbia, requesting Hinkson to approve the Royal and British Columbia Department of Corrections to issue documents confirming Wagramov’s eligibility for alternative measures, details of the measures he was required to complete, and Confirm the following facts: He completed them.

The Chief Justice stated in the April ruling that the documents sought by the media have never been introduced in public courts, and therefore the principle of public courts does not apply.

In the appeal, Burnett argued that although the records themselves may not be submitted to the judge, they are “intertwined with the administration of justice.”

“According to the standards set by the code, the court’s criminal charges were shelved. Court officials, prosecutors, enter the court according to the standards,” the appeal application wrote.

“If you want to understand and consider the fairness of the alternative measures system, you need to maintain a certain degree of transparency about the measures that have been completed. The public and the accused should not be expected to simply believe that these measures are appropriate, fair or applicable.”

“Chilling” effect

This case reveals a plan to eliminate minor cases in court, save taxpayers money, and ensure that Canadians who commit a single serious mistake do not have to bear the burden of a life-changing criminal record.

When rejecting the media’s request for disclosure, Hinkson went back to the 1994 parliamentary discussion, which saw that the Quebec Group’s judicial commentators stated that “private administrative channels” were necessary to ensure that suspects who agreed to cooperate could be sure that they would not You will not find yourself publicly humiliated afterwards.

Hinkson concluded that the release of details of Vagramov’s alternative measures may lead the accused to manipulate the system.

He also stated that the disclosure may have a “chilling effect” on defendants who agree to take alternative measures, which they believe will keep their names away from the headlines.

‘One error, one error’

In the appeal, CBC, CTV and Global claimed that Hinkson reached these conclusions based on “pure speculation” without personally reviewing the documents.

“This is a mistake again and again,” Bernett wrote.

The media claimed that they did not seek a detailed psychological report, and Wagramov himself publicly stated that he would send an apology letter to the woman who accused him.

“It is also possible that a better understanding of the plan will increase the number of people who wish to participate in the plan,” Bernett wrote.

“Recognizing that each case has different circumstances, there is no legitimate reason to keep confidential the alternative measures taken to avoid prosecution and the measures Mr. Wagramov took to obtain the suspension.”

Wagramov was elected mayor in October 2018 when he was 28 years old.

He took time off after being sworn in, but when he returned to work in September 2019, before the allegations were put on hold, a crack was created in the city council.

Wagramov later said that he “deeply regretted” the tensions his criminal case had brought to the city council and the community.

The mayor’s lawyer did not respond to a request for comment on Thursday.