Other Cases

Other Cases


R. v. Dingwell
The CBC and Guardian newspaper applied to the Supreme Court of Prince Edward Island to have access to audio recordings of 911 calls, video and audio tapes of three statements made by the accused and a police video of the crime scene, all of which were being used in evidence in the second degree murder trial of the accused. After applying the Dagenais-Mentuck test Justice Mitchell ordered copies of the 911 calls and the accused's video-taped statements to police to be released to the media. Mitchell J. placed restrictions on the use of the crime scene videotape, citing privacy interests of the innocent.

Other Cases


R v Tse 2012 SCC 16
Justices Moldaver and Karakatsanis, on behalf of the Supreme Court, upheld the BC lower court judgment, which had found that s. 184.4 contravened the right to be free from unreasonable search or seizure under s. ...

Other Cases


Canadian Broadcasting Corp. v. Canada
Broadcasting exhibits is not the same issue as broadcasting from court. The Supreme Court overturned a lower court finding that they were related, and confirmed that the test to be used when considering the broadcast of exhibits is the Dagenais/Mentuck test, where the onus is on the party wanting to restrict broadcast to demonstrate that it's necessary. The court added considerations to that test related to the impact on the trial of any co-accused and the accused personally, including in this case his vulnerability as an intellectually disabled person, and his acquittal. In the end, the Supreme Court dismissed the appeal and denied Radio-Canada and TVA the right to broadcast the accused's police interview exhibit on the grounds that given other developments in his case the original access argument had become moot.

Other Cases


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 ...

Other Cases


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. ...