THE COURT is the online resource for debate & data about the Supreme Court of Canada.*

Archive For Entries On Broadcasting

The Constitutionality of Publication Bans

Yesterday, the Supreme Court of Canada heard two appeals testing the constitutionality of s. 517 – the publication ban provision – of the Criminal Code. In both cases, the Court found that s. 517 infringed the guarantee of freedom of expression under the s. 2(b) of the Charter. Opinions differed, however, as to whether this infringement was [...]

Courts Hold that Media Corporations Should Prepare for Public Scrutiny

In the past two years, a number of major media acquisitions have transpired in Canada including CTVglobemedia’s purchase of CHUM, CanWest’s purchase of Alliance Atlantis, and Astral Media’s purchase of Standard Broadcasting. In response to this continuous consolidation, various media activist groups have emerged to voice their concerns and dissatisfaction. Among these groups is the [...]

Prodding the Court Along on its Journey into the 21st Century

The Supreme Court of Canada has taken big steps in the last year at making its records more accessible and its website more useful. I was reminded of the great potential of these resources last week when I got an email about one of the first questions that new U.S. Supreme Court Justice Sonia Sotomayor [...]

Thawed but Still Chilled: Freedom of Expression in the Aftermath of Simpson v. Mair

The Supreme Court’s ruling in Simpson v. Mair, (indexed as WIC Radio v. Simpson 2008 SCC 40) is, without a doubt, a major victory for advocates of freedom of expression. By both clarifying and broadening the scope of the fair comment defence to defamation, Mair is sure to generate a thaw in journalistic expression, especially [...]