Media outlets will not be allowed to broadcast an upcoming inquest into the death of Brian Sinclair, a judge has ruled.
“An inquest is not an inquiry,” Judge Tim Preston said Friday. “Inquests are judicial proceedings ... I have no intention of turning this into a de facto inquiry.”
Sinclair died in September 2008 after waiting 34 hours in the emergency room at Health Sciences Centre without receiving care.
Several media outlets filed a court motion to allow them to stream the inquest live on the Internet and gather video footage for television.
Prohibiting cameras from the courtroom will not impede public access to the inquest or interfere with freedom of the press, Preston said.
“It is simply an interference with the means of expression,” he said. “Prohibiting cameras in the courtroom does not mean preventing access by the media to the inquest. Representatives of the media are all welcome as part of the open court principle.”
The Winnipeg Regional Health Authority and Manitoba Nurses Union opposed the motion to allow cameras into the courtroom, arguing it would discourage health care workers from stepping forward to testify and subject them to unfair scrutiny.
“Such concerns are part of the ramifications of the presence of cameras in the courtroom,” Preston said. “Serious and valid privacy and security concerns are at stake when the image or the words of a witness are broadcast to the world. Uncontrolled access is not what is meant by justice being seen to be done... Witnesses and other participants risk losing their privacy long after these proceedings are over.”
Winnipeg Regional Health Authority spokeswoman Heidi Graham applauded the ruling.
“We’re pleased with the decision, we’re pleased that the privacy rights of the witnesses are being protected,” she said outside court.
Sinclair family spokesman Robert Sinclair, Brian’s cousin, was disappointed with the ruling.
“It’s not the decision I was hoping for,” he said. “We’ll have to see where it goes.”
In a media release issued hours later, Sinclair was quoted as saying the ruling showed the need for an aboriginal public health inquiry.
“There are many, many other shocking stories out there besides Brian’s that need to be publicly and openly inquired into and heard,” he said.
Manitoba Tory Leader Hugh McFadyen said he thought cameras should been allowed at the inquest, but respects the court’s decision.
However, he said he felt the government should have supported the media’s motion, especially given that Sinclair’s family was supportive of it.
“I think more openness would have been helpful,” McFadyen said.
— With files from Paul Turenne
dean.pritchard@sunmedia.ca
