The SCC is in the midst of developing a pattern of conservative decisions on s. 2(b) of the Canadian Charter of Rights and Freedoms. In its last decision on s. 2(b), the SCC held that mandatory publication bans in the Criminal Code that interfered with the “open court principle” were constitutional. The open court principle [...]

On December 11, 2008, the Supreme Court of Canada heard Ministry of Public Safety and Security (Formerly Solicitor General), et al. v. Criminal Lawyers’ Association, a case from the Ontario Court of Appeal. In 1996, the judge in a criminal proceeding involving the murder of mob member Domenic Racco granted a stay of the proceedings [...]