"Juliet O'Neill & Ottawa Citizen Group Inc. versus the Crown" - began
at 10:17 a.m. Monday, with Superior Court Justice Lynn Ratushny presiding.
David Caccucio opened for the defence with a well-briefed and
reasoned challenge of the slipshod tactics of parliamentarians to insinuate the
vague and ambiguous wording of Official Secrets Act (1939) into the new
Security of Information Act, under which O'Neill's home and offices at The
Ottawa Citizen were searched and from which papers, notes and hard drives were
seized by the RCMP in 2004.
Final arguments by the defence serve to have the RCMP search warrants of
January 21, 2004 struck down under The Canadian Charter of Rights
and Freedoms and the materials seized returned to Juliet O'Neill and The
Citizen.
They are also asking the court to strike down Section 4 of the Security of
Information Act as unconstitutional. The arguments are expected to take at least
one week. Two weeks have been set aside.
Last year Juliet spoke in the Press Club as a guest of the Media
Club,and last week Juliet wrote: "I hope some will drop by the courtroom next
week so the Crown will know this is not a forgotten case."
Twenty-three journalists sat in support of Juliet's battle for the Bill of
Rights against the Security of Information Act.
Cameras were not permitted in Courtroom 30, but CBC-Radio-Canada, CTV and
radio reporters were all on hand.
Juliet faces a maximum of 14 years imprisomnent if found guilty of
infringements under the new Security of Information Act.
Given the massive government "leakage" over the Mahar affair, it's
surprising there are not many more charged under the "Security Act."
--30jmh--