How has the Access Policy been interpreted in the context of a constitutional challenge?
British Columbia, Canada
The following excerpt is from R. v. Moazami, 2020 BCCA 350 (CanLII):
Of course, constitutional challenges ought not to be based on the unsupported hypotheses of counsel or decided absent a proper factual foundation: Danson v. Ontario (Attorney General), 1990 CanLII 93 (SCC), [1990] 2 S.C.R. 1086 at 1100. However, that is not the case here. Here the record contains the limited facts necessary to dispose of the narrow issue before us. It includes the affidavits of the reporters who sought access to the court file, correspondence between the parties, and the Access Policy itself.
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