Other Cases

Other Cases


The Queen v. Luka Rocco Magnotta, Court of Quebec – Criminal Division, 2013 03 12
The court rejected a motion to hear a preliminary hearing in camera in a high profile murder case where the defense raised concerns about the mental health of the accused and the possibility that foreign ...

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Saskatchewan (Human Rights Commission) v. Whatcott 2013 SCC 11
Justice Rothstein, on behalf of the Supreme Court, held that "the benefits of the suppression of hate speech and its harmful effects outweigh the detrimental effect of restricting expression which, by its nature, does little to promote the values underlying freedom of expression." The Court found that, while Section 14(1)(b) of The Saskatchewan Human Rights Code does infringe s. 2(b) of the Charter, the infringement can be justified on the grounds that it "exposes or tends to expose to hatred" a person or class of persons on the basis of a prohibited ground of discrimination. Rothstein J. also states that "the protection of vulnerable groups from the harmful effect emanating from hate speech is of such importance as to justify the minimal infringement of expression".

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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.

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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. ...

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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.