MEDIA BASICS

1. Bring employment ID – this can be a work photo ID, business card, etc.
2. Find out if there is a publication ban in place.
   -In court, listen closely at the beginning of proceedings, it is often addressed at the start. You can also ask the lawyers or the court clerk in a break.
   -If you are still unsure, check with the staff in the court office (located on the main floor of the courthouse).
   -If you are covering a case at the Court of King’s Bench, check the Discretionary Publication Ban list.
3. Sit at a marked media table, or anywhere else in the gallery. Never walk past “the bar” – media are not permitted in the front section of the courtroom where the lawyers, accused, clerk and judge are sitting.
4. In the courtroom:
   • Do not bring food or drinks into the courtroom.
   • Do not take photos or videos inside the courtroom or anywhere else inside the courthouse.
   • Display your ID so court staff and court security can see that you are a reporter.
   • You can take notes electronically (on your laptop or phone) and record audio of the proceedings for accuracy in your reporting. No broadcasting or sharing the audio you record.
   • If you are using an electronic device, it must be for work purposes only.
5. The Court does not arrange interviews. If you want to speak to lawyers, family, etc, reporters must make their own arrangements. Judges speak only through their decisions.
6. The Court cannot provide legal advice to media. If you are unsure about publishing/broadcasting something learned in court, check with your own newsroom legal counsel.

1. Apply for a Ministry-issued Court ID card
   This allows you to bypass security screening at all courthouses and provides other privileges to streamline court reporting. The application process and issuing of IDs is handled by the Ministry of Justice.
2. Read the Electronic Devices Media Policy
   This Policy outlines what you can and can’t do with electronic devices, digital recorders, cameras, & video cameras in the courthouse/courtroom.
3. Get access to the Provincial Court docket
   The Online Docket provides a daily digital schedule of Provincial Court proceedings around the province. Email the Courts Communications Officer for access.
4. Get familiar with the process for requesting Access to Court Records
   These guidelines outline how you will obtain copies of court documents, exhibits, court audio, etc from the court offices.
5. Check out the Provincial Court Data Dashboard.
   It offers court data for the province as a whole, as well as specific data from each of the 13 Provincial Court courthouses.
6. Follow the Courts of Saskatchewan on Bluesky
   Decisions and court updates are posted regularly.

Courtrooms:

Members of the media are welcome to attend all sessions of court in Saskatchewan, except in rare circumstances where legislation dictates, or a judge orders, that a proceeding be held in private.

If you do not know which courtroom to attend, you can ask staff in the court office, or the Deputy Sheriffs present at the front doors. In some courthouses, a docket of scheduled court matters may be posted on TV screens or as a printed document in the front lobby.

In some courtrooms, there are designated media tables where reporters can sit during proceedings. The tables are typically located at the front of the gallery, behind the lawyers’ tables. If there is not a designated media table, reporters can sit in the gallery.

Photographs and videos are prohibited inside courthouses and courtrooms.

Courthouses:

Media can film and photograph the exterior of courthouses (or Provincial Court circuit point court locations). Media must remain clear of the courthouse doors or stairs with photography or filming equipment. Photographers and videographers are prohibited from filming into the windows of any courthouse or circuit point court location.

Media are permitted to film interviews with lawyers or family in front of the courthouse, so long as the scrum does not block the entrance to the courthouse. Note: Reporters are responsible for arranging all interviews – the Courts do not participate in, nor arrange interviews with parties involved in court proceedings.

Media are permitted to film/photograph accused persons as they enter and exit the courthouse. If the accused is in-custody, media are also permitted to film the Deputy Sheriffs who are escorting the accused.

Media should never film or photograph court employees, judges, or members of a jury.

If you want to film/photograph inside a courthouse or courtroom for the purposes of a news story or stock images, please contact the CCO to arrange.

Media do not interact with judges in the courtroom, unless instructed to do so by a judge. If an urgent matter needs to be discussed with the judge, it should be done so through the court clerk.

Judges do not provide media interviews on their decisions; they speak through their judgments issued.

Court Clerks / Judicial Officers

When court is not in session, media can direct basic questions to the court clerk present in the courtroom (spelling/pronunciation of judge’s name, ballpark timing of proceedings, etc).

Media should not speak with a court clerk when a judge or jury is present in the courtroom.

Note: No member of the media is permitted beyond the bar in a courtroom at any time. The “bar” is usually a railing or half-wall between the public gallery and the lawyers’ tables.

Court Office Staff

Court staff can be found at the wicket counter (Provincial Court) or in designated Registry Offices (Court of King’s Bench & Court of Appeal). Media are permitted and encouraged to speak with staff in the court offices. Media should identify themselves clearly as journalists and provide a court or employment ID.

In person, court staff can help reporters with questions about court files and navigating the courthouse.

Depending on the nature of the request, court staff may ask reporters to complete forms to request information. (ie: Access to Court Records)

Over the phone or email, court staff can assist with basic media requests (appearance dates, status of proceedings, dispositions – aka outcome/result of court proceedings -, etc). The Provincial Court has 13 court office locations, the Court of King’s Bench has 10 court office locations and the Court of Appeal has one Registry Office located in Regina.

Courts Communications Officer

The Courts Communications Officer (CCO) is the media liaison for all three levels of Court in Saskatchewan. Her office is located in the Victoria Avenue courthouse in Regina, however she is the main point of contact for all Courts and all newsrooms around the province.

The CCO is not a representative of the Government of Sask, but is a representative of the Courts and the Judiciary.

Media can contact the CCO at anytime with questions relating to court proceedings or hearings, court protocols, larger-scale court requests, or any other media-related inquiries. The CCO cannot provide legal advice or interpretation of court orders, but does assist in general guidance on court structure and procedure.

Get familiar with the process for requesting Access to Court Records.

This is how you will obtain copies of court documents, exhibits, court audio, from the court offices.

Every individual charged with a criminal offence makes their first appearance in Provincial Court.

Some files will stay at Provincial Court until the matter is complete. This may include a bail hearing (show cause hearing), entry of a plea, a trial, sentencing, etc. The first several court appearances for an accused person happen in docket court, where a judge hears a number of matters in one sitting. If an accused person enters a plea of not-guilty, the matter will go to trial to be heard in a trial courtroom.

Some files – typically ones including the most serious criminal charges – will transfer from Provincial Court to the Court of King’s Bench sometime after the accused’s first appearance. For example, all murder trials are held at the Court of King’s Bench. All jury trials must be held at the Court of King’s Bench.

Once the file has moved from Provincial Court to the Court of King’s Bench, all further proceedings will be held at King’s Bench.

Quick Facts:
Provincial Court criminal files are categorized by Information number (ex: 991000111). An Information is a formal criminal charge. An Information may include one single offence, or multiple offences (counts) under the Criminal Code.

Court of King’s Bench criminal files are categorized by file number (ex: CRM-RG-00001-2026). The RG represents the judicial centre in Saskatchewan with jurisdiction over the file. RG is Regina, SA is Saskatoon, BF is Battleford, etc.

Civil files that involve a claim of over $50,000 are heard at the Court of King’s Bench. Each file starts in Civil Chambers (similar to a docket court) where a judge hears a number of matters in one sitting.

Civil Litigation Searches

A civil litigation search will produce a list of civil actions commenced for or against a person or party (business, organization, etc).

To request a civil litigation search at the Court of King’s Bench, follow the process outlined here. A province-wide search can only be requested for civil actions started after January 1, 2005.

The Provincial Court does not have a central repository of Small Claims records. To request a civil litigation search at the Provincial Court, an application outlining the search must be submitted to the courthouse of jurisdiction you would like to search. To conduct a province-wide search, an request with the party name(s) must be submitted to each Provincial Court office (there are 13).

Quick Facts

Court of King’s Bench civil files are categorized by file number (ex: KBG-RG-00001-2026). Files prior to September 2022 are QBG (Queen’s Bench) instead of KBG. The RG represents the judicial centre in Saskatchewan with jurisdiction over the file. RG is Regina, SA is Saskatoon, BF is Battleford, etc. The year represents when the claim was initiated.

The Court of Appeal reviews decisions made by the Court of King’s Bench, Provincial Court and certain tribunals to determine if the judge, tribunal or adjudicator made legal errors. The Court hears appeals in both civil and criminal matters.

• Criminal appeals include sentence appeals, conviction appeals, appeals from acquittals and appeals in youth criminal justice matters.
• Civil appeals include commercial, administrative and family law matters.

An appeal cannot be filed simply because the decision of a lower court is un-popular or disliked. Grounds or reasons for an appeal include:

• A question of law (ex: the judge made a mistake in interpreting or applying the law)
• A question of fact (ex: the judge made a mistake in understanding the facts of the case. In this scenario, showing there was a mistake is not enough. It also must be shown that the mistake was so significant that it led to an incorrect decision.)

Appeal Process

Appeals are started by filing of a Notice of Appeal, which is a document that outlines the appellant’s reasons for the appeal. A criminal Notice of Appeal must be filed with the Court of Appeal within 30 days of the date of the decision by a lower court.

Civil appeals are subject to different rules and timelines than criminal appeals. Sometimes the Court’s permission is required to file a civil Notice of Appeal. Parties ask for the Court’s permission, or “leave”, by making an application to a judge in Chambers for leave to appeal. That application must be made within 15 days of the date of the decision under appeal.  If leave is granted, then a Notice of Appeal can be filed.

In other civil cases, leave to appeal is not necessary. If the party wishing to appeal has a right to appeal, in most cases a Notice of Appeal must be within 30 days of the date of the decision appealed from.

Chambers hearings take place on the second and fourth Wednesday of each month. A single Court of Appeal judge presides over Chambers and will hear applications and make orders regarding procedure (i.e. granting leave to appeal, setting filing deadlines, etc.).

The merits of an appeal are decided after an appeal hearing. Appeal hearings are scheduled by the Court. Both parties involved in the appeal are required to submit a factum (a document outlining the appeal arguments) with the Court in advance of the scheduled hearing. At the appeal hearing, lawyers or self-represented parties will make their arguments verbally to a panel of 3-5 judges.

Chambers hearings and appeal hearings can be attended in person or virtually via Webex. A Court of Appeal hearing schedule is available online.

In most appeals, the judges reserve their decision. This means they do not come to their conclusion on the day of the hearing. Court of Appeal decisions are issued as written decisions and a timeline of when the decision will be issued is not provided.

Decisions

Court of Appeal decisions are not read verbally in court, as you commonly see in the Provincial Court and Court of King’s Bench. Decisions are issued in writing and distributed by the Court of Appeal registry office. The Court maintains a media distribution list and will proactively email high-profile decisions to newsrooms in Saskatchewan. All Court of Appeal decisions are also posted publicly on CanLII and the Court’s Bluesky page.

In general terms, a decision issued by the Court of Appeal may:

• dismiss the appeal;
• allow the appeal and order a new trial or hearing; or
• allow the appeal and change the order of the lower court or tribunal.

After the Court decides an appeal, in some instances a party may seek leave to appeal to the Supreme Court of Canada.

Approximately 3-5 cases per year from Saskatchewan are heard at the Supreme Court of Canada.

In some court proceedings, publication and broadcast of certain information may be limited. Imposing a publication ban in a court case can protect the safety and privacy of a victim or witness, the identity of a youth, or the fairness of a trial.

Reporter Responsibility

Every journalist covering a court case must be aware that a publication ban may be in effect. This is especially important if you are posting to social media or making live website updates from a courtroom without much opportunity for review before publishing.

It is the responsibility of journalists who attend court proceedings or who obtain copies of court files to inform themselves of any restrictions that limit the publication of information. If you are unsure, ask the court staff at the counter, or ask the court clerk during a break in proceedings. Court staff can provide the section of the Criminal Code the ban is pursuant to, but staff cannot provide advice on how to interpret the ban or tell you what you can and can’t publish.

It is also the responsibility of the media outlet to comply with all publication bans. Breaching a publication ban could be an offence under legislation or it could constitute contempt of court. The penalty could be a fine, a conditional discharge or probation order, or possibly even jail. 

If you are unsure about a publication ban or the impact of a ban on your reporting, always consult your newsroom lawyer/legal counsel.

Types of Publication Bans

Mandatory bans

Do not require a court order and are in effect automatically by operation of statute. The law simply mandates a ban on publication.
Examples: identity of complainant in sexual offences, preliminary hearings, youth criminal files (YCJA)

Discretionary bans

Are granted at the court’s discretion, based on case-specific considerations and/or application from lawyers. When deciding whether to make a discretionary ban, a judge will weigh the public’s right to know against the impact of publication on trial fairness, or on the safety and privacy of a victim or witness.

Examples: identity of witnesses testifying, certain facts of the case, sealing orders

In Saskatchewan, lawyers or self-represented individuals who are seeking a discretionary publication ban must provide 3-5 days’ notice to the media. This ensures members of the media are aware of the application and have enough time to prepare a challenge so they can contest the application in open court, if they wish to do so.
This policy is outlined for King’s Bench matters in: Practice Directive #3 – Discretionary Orders Restricting Media Reporting or Public Access and for Provincial Court matters in Practice Directive 12 – Discretionary Orders Restricting Media Reporting or Public Access.

Discretionary publication ban Notification system

The Courts have a notification system that alerts subscribers when an application for discretionary publication ban is made. You can sign up for notifications on the Sask Law Courts website.

KB Discretionary pub ban list

The Court of King’s Bench maintains and online list of cases that are subject to discretionary publication bans. Reference this list before covering a King’s Bench file.

Court decisions can be issued by a judge:

• Verbally in court
• As a written document

Decisions are public record. If you are not present in a courtroom for a decision or would like to obtain a copy of a written decision, contact the court office of jurisdiction to obtain the decision.

To obtain audio of an oral decision read verbally in court, you can make a request to the court office of jurisdiction. The audio is to be used for reporting purposes only; the broadcast or sharing of court audio without explicit permission from the Court is prohibited.

PUBLISHED DECISIONS

Some written court decisions are also submitted to a publisher and added to online legal databases.

All Court of Appeal decisions are published, some Court of King’s Bench & Provincial Court decisions are published.

To check for recently published decisions, check the Court of Saskatchewan BlueSky page or the Saskatchewan tab on CanLII.

The Courts do not produce or provide text transcripts of proceedings to the public or the media. The Court makes a recording of every proceeding, which serves as the official court record. To obtain audio of a court proceeding, make a request to the court office of jurisdiction over the matter.

Audio recordings of court proceedings must not be broadcasted, distributed or repurposed in any way. Any publication bans or sealing orders related to the case also apply to audio obtained from the court.

TEXT TRANSCRIPTS

Transcript Services (a branch of the Ministry of Justice) is responsible for preparing transcripts of court proceedings. To request a transcript of a proceeding, an application must be made to the Ministry of Justice Transcript Services. Fees are required.

Jury trials (both criminal and civil) are only held at the Court of King’s Bench.

Criminal jury trial: The accused person chooses (elects) whether the trial will be heard by a jury or by a judge alone. Twelve jurors hear the evidence and decide if the accused person is guilty or not guilty. Before the jury makes their decision, the judge explains the law that they must consider when deciding the verdict. If there is a guilty verdict, the judge will decide what the sentence should be.

Civil jury trial: One of the parties requests and pays for a jury. Six jurors hear the evidence and determine the issues involved.

The selection of a jury occurs on the first scheduled day of the trial. Media are permitted to attend jury selection but are prohibited from reporting any information that may identify a juror or any potential juror.

Every jury trial has this publication ban in place:

Criminal Code section 648 (1): After permission to separate is given to members of a jury under subsection 647(1), no information regarding any portion of the trial at which the jury is not present shall be published in any document or broadcast or transmitted in any way before the jury retires to consider its verdict.

This means that if something is said when the jury is out of the room at any point during the trial, it cannot be published. This publication ban is lifted once the jury is sequestered and enters deliberations.

Common terms used in jury trials:

Selection – the court process where 12-14 people are selected from a large group of potential jurors, and sworn in to form a jury

Challenge for Cause – ???

Jury charge – the instructions that the judge provides to the jury before they are tasked to make their decision. The “charge” is written by the judge, with input from both defence and Crown counsel. It often takes multiple hours for the judge to read the charge to the jury.

Sequestered – When all court proceedings are complete and a jury begins their deliberations. Once a jury is sequestered, they do not leave the jury room in the courthouse until they have reached a verdict. If required, the jury will sleep in a supervised hotel and return to the jury room in the morning.

Once the jury is sequestered, their deliberations may take hours or days.

– Verdict notification: Reporters can provide an email address to the court clerk and request notification when the jury returns with a verdict. It is the responsibility of the reporter to attend to courtroom as quickly as possible after notification has been made. The Court will not wait for media to arrive before the verdict is read.

Jury summons and all jury management is handled by the Sheriff’s Office. This is different from the Deputy Sheriffs who provide courthouse security, as well as prisoner transport and management in the courthouse.

• Eating and drinking are not permitted in the courtroom.
• Hats and sunglasses are not permitted in the courtroom.
• Media can use electronic devices for reporting purposes only. Devices must be on silent and your use of electronics must not be disruptive or distracting to others in the courtroom.
• You can come and go from the courtroom while court is in session, but please do so quietly.
• You will notice lawyers, Deputy Sheriffs and other court staff will bow to the judge when entering or exiting the courtroom. Media and members of the public are not required to bow.
• The clerk will announce the opening (and closing) of court, asking everyone to stand while the judge enters (and later exits) the courtroom. Remain standing until the judge is seated, or until they have left the courtroom.