A while back, we promised we would compile a list of our top judgments from 2009 in a number of categories. And so, at the risk of diverting the nation’s attention from our top athletes at the Olympics, we present to you the First Annual Ozzy Awards (named in recognition both of our school and [...]

On December 22, 2009, the Supreme Court of Canada issued its judgment in Grant v. Torstar Corp. (2009 SCC 61) establishing a new “responsible communication” defence to the tort of defamation. Much has already been said about the decision in media and journalistic circles and the decision has been hailed as a win for public [...]

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 [...]

Cusson, Quan, Jameel. Freedom of Expression, Grenier, Reynolds, Richard Butle

In Toronto Star Newspapers Ltd. v. Canada, 2009 ONCA 59, released 26 January 2009, the Ontario Court of Appeal considered the interpretation and constitutionality of s. 517 of the Criminal Code, which provides: 517. (1) If the prosecutor or the accused intends to show cause under section 515, he or she shall so state to [...]