What governs the discretion of court hearings in family proceedings?

The discretion of court hearings in family proceedings is fundamentally guided by the principle that it is at the discretion of the court to determine whether the hearings should be held in open court or in camera (in private). This flexibility allows the court to consider the sensitivity of the issues involved, the privacy of the individuals, especially minors, and the potential emotional impact on the parties concerned. Family law cases often deal with intimate and personal matters, and the court must weigh the public's right to access judicial proceedings against the need to protect the privacy of the individuals involved.

In most jurisdictions, including New Brunswick, the standard practice leans towards maintaining confidentiality in family matters, particularly to shield children and vulnerable parties from public exposure. Courts will often decide to hold certain hearings in camera to uphold these considerations. The court's discretion allows it to adapt the proceedings to the specific circumstances of each case, ensuring justice is served while also protecting the interests of families.

Other options suggest either absolute mandates or the role of jury recommendations, which do not apply to family law contexts where jury involvement is typically absent and privacy concerns take precedence.