April 13, 2012
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. ...

January 28, 2011
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.

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."