What is the effect of media freedom of expression in the context of the Charter of Canada?

British Columbia, Canada


The following excerpt is from Taylor-Wright v. CHBC-TV, 2000 BCCA 629 (CanLII):

That passage illustrates the basic principle which lay at the root of the rule which newspaper editors and reporters knew and understood in an earlier time. The principle was that cases must be decided in open court and that no one had the right to seek to influence the result by comments or statements out of court. The principle has been effectively watered down to the point where on any given day one can see, hear or read a barrage of ex parte statements relating to the subject matter of the cause. That aspect of the right to a fair trial seems to have been lost sight of. Perhaps, as many in the media seem to think, that is what was intended by the decision in Dagenais v. CBC, 1994 CanLII 39 (SCC), [1994] 3 S.C.R. 835. But one hopes that the Charter, which in other contexts is recognized as guaranteeing the right to a fair trial, can be interpreted as allowing that right to have some effect even if that requires imposing some limits on the media’s freedom of expression.

Other Questions


What is the test for freedom of expression under s. 2(b) of the Canadian Charter? (British Columbia, Canada)
How have the courts dealt with media bias in the context of media coverage of court proceedings? (British Columbia, Canada)
When will the Court of Justice LaForme be able to continue to uphold the Charter of Canada's Charter of Human Rights? (British Columbia, Canada)
What is the test for "freedom of expression" in the context of personal belongings? (British Columbia, Canada)
What is the effect of section 13(1) of the Human Rights Code on freedom of expression? (British Columbia, Canada)
Can some harm be permissible in the context of freedom of expression? (British Columbia, Canada)
Is freedom of expression, as a Charter value, relevant in an interlocutory injunction concerning copyright issues? (British Columbia, Canada)
What is the current state of the law in Canada under s. 12 of the Canada-Canada Border Security Act? (British Columbia, Canada)
Is freedom of expression a fundamental right of expression in a democratic society? (British Columbia, Canada)
How has section 8 of the Charter of Canada been interpreted in the context of privacy protection legislation? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.