What is the current state of the law on courthouse safety?

Manitoba, Canada


The following excerpt is from Gillespie v. Manitoba (Attorney General), 2000 CanLII 26952 (MB CA):

With respect to this safety issue, it is helpful to note that United States courts now take judicial notice about the risk of courthouse violence. For example, in Commonwealth v. Harris, Mass., 421 N.E.2d 447 (S.C. 1981), the court noted (at para. 12): We take judicial notice, as have other courts, that threats of violent acts directed at courthouses have given rise to an urgent need for protective measures.

In Gibson v. State, 921 S.W.2d 747 (Tex. App.-El Paso, 1996) the court, in an extensive analysis, emphasized (at para. 34): If we demand that the public at large come onto the courthouse premises to participate in the administration of justice, we have a duty to ensure minimal levels of protection during their participation. And while justice should eternally blind itself to differences in race, ethnicity, gender, and economic disparity, it cannot be blind to the reality of potential violence.

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