What is the scope of s. 2 (b) of the Charter in relation to media coverage of court proceedings?
Alberta, Canada
The following excerpt is from R. v. Hoogenboom, 2000 ABPC 146 (CanLII):
In Edmonton Journal v. Alberta (Attorney General) 1989 CanLII 20 (SCC), [1989] 2 S.C.R. 1326, Cory J., in considering the scope of s. 2 (b) of the Charter as it protects both speaker and listener and their respective interests, particularly in the coverage of court proceedings where the public are not always able to attend, stated at page 1339-1340: That is to say as listeners and readers, members of the public have a right to information pertaining to public institutions and particularly the courts. Here the press plays a fundamentally important role. It is exceedingly difficult for many, if not most people to attend a court trial. . . . those who cannot attend rely in large measure upon the press to inform them about court proceedings . . . . It is only through the press that most individuals can really learn of what is transpiring in the courts.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the Court have any authority to transfer proceedings under R.12 from the Court of Appeal to the Superior Court? (Alberta, Canada)
How have courts interpreted the Charter and the role of the courts? (Alberta, Canada)
Can a motion for a declaration proceed in the absence of any other remedy for the respondents in the context of a breach of their Charter of Charter Rights? (Alberta, Canada)
Can a court order all court-ordered sales of a personal injury property be exempt from all court ordered sales? (Alberta, Canada)
How have the courts interpreted a lack of guilty intent as an excuse for the publishing of an article by a newpaper when the material was prejudicial to the court proceedings? (Alberta, Canada)
Is the media free to comment upon court proceedings? (Alberta, Canada)
What jurisdiction does the court have to entertain custody and access proceedings if the child was present, resident or domiciled in the jurisdiction at the time of the proceedings? (Alberta, Canada)
In what circumstances will the Court allow the Court to amend the Rules of Civil Procedure to allow the Courts to use the functional approach? (Alberta, Canada)
In an application for a writ of habeas corpus, is the court bound by virtue of the fact that the court has granted custody of a child in a custody dispute? (Alberta, Canada)
How have the courts in Scotland dealt with a decision made by the Landlord and Landlord Board in relation to the sale of land in the area? (Alberta, Canada)
