In Canada, as in all democratic countries, the right to know the truth is sacred, if unspoken. In many charters that are the basis of democracies, the freedoms of speech, and of worship are spoken of. But for a democracy to truly work, the truth is paramount. Like politics, the justice system is reliant upon the truth. And even more than politics, the search for truth in justice is paramount. Without the truth, there is no justice, only ambiguity.
In Canada right now, there is a controversy brewing. A Vancouver man, Paul Teale, stands accused of sex crimes and murder relating to two teenage girls. His wife is currently on trial for complicity in these events. You may know her name, Karla Homolka, from your newscasts. Unless you live in Canada, that is.
This is due to the Supreme Court of Canada's ruling that the truth, as has been found so far and used in Karla Homolka trial, may prejudice jurors for the future trial of Paul Teale. We have been shut out of the process, and may not know what really happened for years.
There are two sides to every argument, and I will attempt to give them to you. On one hand, the ban on publication will serve the interests of justice. It will keep the future jurors of this case relatively free of bias. The chances for a fair trial are thus increased, giving Mr. Teale chance for a fair trial of his peers. On this level, the system works.
On the other hand, the need to know the truth still stands. In a recent court case before the British Columbia courts, a person suing the Canadian Broadcasting Corporation for, shall we say, an unsavory report done on him, succeeded for a short time to have a similar ban on publication enforced. The resulting outcry from the press and public caused a minor furor. The truth was finally released when a judge reversed the ban a week or so later.
The truth, the argument goes, is not really the truth until it has had it's day in court. This is an interesting argument, since small truths, called "evidence" in criminology, are what brings the subject to trial in the first place. We already know that the list of crimes revealed in the courtroom disturbed and repulsed the most seasoned law enforcement and judicial staff. Circumstantial, some may say. Unproved, say others. But previous cases, equally horrible in scope, did not require a ban of publication. And that, friends, is the thrust of my argument. I do want to ensure that Paul Teale receives a fair trial. But I resent the Supreme Court of Canada telling me what I may, or may not, reflect on. I dislike the fact that there are certain truths that I may not know. The truth will find a way to get out anyway. I can find the truth through CompuServe, by simply scanning Buffalo newspapers, using keyword search techniques. The truth can be found by rooting around for it. But is that the idea behind a free society?
I can understand the fears that some rather unsavory journalistic types might turn this story into the tabloid headline producer of the decade, in Canada at least. But, the truth can generally look out for itself if it is set free. Influence jurors? The details of the murders is already public knowledge. What is there to fear in a full accounting?
This may seem like a tempest in a teapot, but think about it for a moment. Is an abuse of a judicial system possible? History has shown that it is possible. Could it be perverted into a way for the truth to be withheld from us? Again, I think it possible. Is it likely to happen? I hope not, but where is the certainty? If you live in a democracy, the truth is what you need. Your power as a free person is diminished without unimpeded access to information.
There is an old maxim, used by the United States' CIA of all places, that states that the truth can set you free. I contend that the truth is the only way to stay free. If nothing else, remind yourselves that the truth is the only road to certainty in a confused and cynical world. And whatever you think about this particular situation, remember that you are the only watchdog of the truth. Don't leave it to others. Truth is the only weapon you need in life.
And I'll try to remember it too, as I watch a news report saying that two major cable companies are going to stop picking up and rebroadcasting United States radio stations because of the possibility that details of the Homolka trial may be broadcast. And when a blue screen pops up and blanks out a US television news broadcast for the same reason.
Discussion? Send mail to me via Teletimes. Until next time...
- Ryan Crocker, Vancouver, Canada
