Other Cases
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 ...
September 13, 2010
Responsible Communication Defense applied in an Ontario Jury Trial
David Helwig News Director of SooToday.com writes about a decision by the Ontario Superior Court of Justice to dismiss a libel claim against the same news website as well as the Sault Ste. Marie Police. ...
June 16, 2010
Ontario (Public Safety and Security) v. Criminal Lawyers Association
The failure to include a public interest override in respect of the law enforcement and solicitor-client exemptions does not violate s.2(b) of the Charter. In an unanimous decision co-written by the Chief Justice and Justice Abella, the Supreme Court held that "access to documents in government hands is constitutionally protected only where it is shown to be a necessary pre-condition of meaningful expression, does not encroach on protected privileges, and is compatible with the function of the institution concerned."
June 10, 2010
Toronto Star v Canada
The Supreme Court of Canada has upheld the constitutionality of the automatic bail hearing publication ban available to an accused on request. When the ban is sought by the accused, the judge has no discretion ...
June 3, 2010
Shavluk v. Green Party of Canada
The British Columbia Supreme Court applied the defence of Responsible Communication, again in a non-media context. In this case, the defence used it successfully. See also Hunter v. Chandler