What are the implications of the principle of open courts in the context of s. 2(b) of the Charter of Rights and Freedoms?

Ontario, Canada


The following excerpt is from Stikeman v. Gottlieb, 2019 ONSC 7582 (CanLII):

The principle of open courts is inextricably tied to the rights guaranteed by s. 2(b) of the Canadian Charter of Rights and Freedoms: Canadian Broadcasting Corporation v. New Brunswick (Attorney General), 1996 CanLII 184 (SCC), [1996] 3 S.C.R. 480 at para. 23. Section 2(b) provides: 2. Everyone has the following fundamental freedoms: (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;

Other Questions


How have the courts interpreted s. 7 of the Charter of Canada’s Charter of Rights and Freedoms? (Ontario, Canada)
What is the "open court" principle in the Canadian Charter of Rights and Freedoms? (Ontario, Canada)
What is the scope of the openness principle in the context of the freedom to express ideas and opinions about the operation of the courts? (Ontario, Canada)
What is the primacy of the open courts under s. 2(b) of the Canadian Charter of Rights and Freedoms? (Ontario, Canada)
Does the principle of corporate separateness override the equitable principles of equitable principles in the context of vicarious liability? (Ontario, Canada)
How have the courts interpreted the principles of the Court of Arbitration for the purpose of making decisions at an arbitrator rather than the court? (Ontario, Canada)
What is the burden of persuasion required for an appellant to persuade a court that her Charter rights or freedoms have been denied or denied? (Ontario, Canada)
How have courts interpreted the distinction between "freedoms" and "rights"? (Ontario, Canada)
What are the principles of statutory compulsion and what are the implications of the principles set out in Soules and White? (Ontario, Canada)
How have the courts interpreted the second principle in the context of a motion for recusal and non-suit? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.