Media Law
Does the Code of Civil Procedure Really Override the Charter?: The SCC’s Reasons in MediaQMI v Kamel
The open court principle has long been a protected right under s. 2(b) of the Canadian Charter of Rights and Freedoms [Charter]. In 1989, the Supreme Court of Canada (“SCC” or “the Court”) confirmed that “the courts must be open to public scrutiny and to public criticism of their operation by the public” (Edmonton Journal […]
Defamation in the Twitterverse: Levant v Day
Introduction It is by the goodness of God that in our country we have those three unspeakably precious things: freedom of speech, freedom of conscience, and the prudence never to practice either of them. – Mark Twain, Following the Equator What does harm to the reputation of a polarizing public figure entail? What is the […]
Only “Counsel” and “Media” Can Tweet Inside Court: A Charter Infringement?
The open court principle requires that the media is able to report on court proceedings, except in rare cases where doing so would infringe, for example, an accused's right to a fair trial or a witness's right to privacy. In recent years, social media has been increasingly used to communicate information from courtrooms to the […]
B.C. Freedom of Information and Privacy Association v BC (AG): #Sponsored #Ad
In the case of BC Freedom of Information and Privacy Association v British Columbia (AG), 2017 SCC 6, the Supreme Court once again wrestled with the uniquely Canadian issue of limiting election advertising. The appellant was a non-profit from Vancouver named the BC Freedom of Information and Privacy Association (“the Association”). Its mandate is to […]
The Federal Court Orders Teksavvy to Release Customer Identities to Film Production Company
On 20 February 2014, the Federal Court of Canada ("FCC"), in Voltage Pictures LLC v John Doe, 2014 FC 161, ordered that Teksavvy Solutions Inc. ("Teksavvy"), an Internet Service Provider, must release the names and addresses of 2,000 customers who allegedly downloaded copyrighted films. Voltage Pictures LLC ("Voltage"), a film production company that produced the Oscar-winning film The […]
Rob Ford's Trial by Media and the Innocents Caught in the Undertow
These days, the pen (or, perhaps, the keyboard) is truly mightier than the sword. Pens shape public perception, and that power endures beyond borders and beyond lifetimes in our digital age of information. But as the adage goes, with great power comes great responsibility. The international media frenzy surrounding the Rob Ford saga has intensified […]