December 16, 2010
R. v. Rafferty 2010
The Crown applied for direction from the court regarding the extent to which an automatic publication ban, provided for under s. 648 of the Criminal Code of Canada, would apply to pretrial motions and applications, in Michael Rafferty`s trial for the murder of Victoria Stafford. Justice Heeney of the Ontario Superior Court ordered a blanket publication ban on all pre-trial motions and applications, with the option for the media to apply for leave to publish. A blanket publication ban with the option to apply for leave to publish provides the appropriate mechanism both to ensure compliance with applicable statutory bans, as well as to act as a temporary stay on publication until such time as a publication ban hearing can be held and the merits of a common law ban determined.
December 2, 2010
Spiller v Joseph, 2010 UKSC 53
Summary Coming Soon.
November 1, 2010
R. v. Canadian Broadcasting Corporation
CBC obtains access to audio-visual exhibits filed in the preliminary inquiry into the death of Ashley Smith in custody. “The last step in a longstanding struggle by the CBC to maintain the full vigour of ...
October 22, 2010
Globe and Mail v. Attorney General of Canada
Disposition from Headnote: Held: The journalist‑source privilege appeal should be allowed and the matter remitted to the Superior Court of Quebec for consideration in accordance with the reasons for judgment. The publication ban appeal should ...
October 16, 2010
Turmel v. CBC (Dragons’ Den), 2010 ONSC 5318
While the Ontario Court agrees that The Dragons on CBC's television show Dragon's Den were "unkind" to the plaintiff, the failure to properly serve a notice of libel under the Libel and Slander Act serves as grounds for summary dismissal. Justice Lofchik also generously takes time to consider whether the plaintiffs unplead breach of contract claim reveals a genuine issue. Here the consent form, signed by the plaintiff effectively bars any such claim. This case serves as an example of the effectiveness of the libel notice requirements as well as the prudence of requiring consent forms.