Law

CBC issues redundancy notice to senior legal counsel Danny Henry

May 01, 2012 - Posted by Belinda Alzner

Danny Henry, senior legal counsel at CBC and a noted advocate for press freedom in Canada, will be leaving his job with the broadcaster after being issued a redundancy notice, sources say.

Does freedom of the press come at a higher price for student journalists?

Mar 28, 2012 - Posted by Belinda Alzner

A visit from the bailiff indicating you face a potential lawsuit for something your story linked to: Not exactly the best day in a student press newsroom. Emma Godmere, national bureau chief of Canadian University Press, explains what happened when she recently faced this situation and how lopsided legal battles such as a student newspaper vs. university bureaucracy can stifle freedom of the press.

Courts in the viewfinder: B.C. proposal sparks debate on wider camera access

Mar 20, 2012 - Posted by Belinda Alzner

Allowing cameras in the courtrooms of criminal trials have some journalists saying it’s a threat to their livelihood. But as Alexandra Posadzki reports, it could also be used as a tool to increase public interest in court stories, and even create more demand for reporters in this field.

How the media and the courts must work together: Chief Justice Beverly McLachlin

Mar 12, 2012 - Posted by Belinda Alzner

The full text from a speech given to Carleton University students by Chief Justice Beverly McLachlin discusses the relationship between the press and the courts, and how both are requisite to upholding a society built on the rule of law.

Press Freedom: Who gives a damn, anyway?

Feb 29, 2012 - Posted by Belinda Alzner

It’s been 30 years since Section 2(b) of the Charter of Rights and Freedoms made a free press the law of the land. But, on the eve of a national conference to take stock of the state of press freedom in Canada, Ivor Shapiro sees more apathy than passion around the issue.

Criminal libel probe of N.B. blogger questioned

Feb 08, 2012 - Posted by Dean Jobb

The Canadian Civil Liberties Association has asked Fredericton police for an explanation of why a local blogger, Charles LeBlanc, is being investigated under the little-used law of criminal libel. In a Feb. 1 letter, the group seeks an explanation of why LeBlanc, "apparently a vocal critic of the police force," had his computer seized during a search of his home. The group points out that courts in at least three provinces -- Ontario, Saskatchewan and Newfoundland and Labrador -- have struck down the Criminal Code's libel provisions as a violation of the constitutional guarantee of freedom of expression.

Read the CBC report, which includes the text of the letter.

Bureaucratic roadblocks frustrate access to court files

Jan 31, 2012 - Posted by Dean Jobb

There is a serious and troubling disconnect between the principle of open justice and the reality on the ground. Dean Jobb explains that in many jurisdictions, the bureaucrats who oversee court clerks and registrar’s offices have a habit of devising rules and policies that block access to court filings – policies that have little or no basis in law and make a mockery of Supreme Court of Canada precedents.

Ban on Williams' divorce file overturned

Jan 25, 2012 - Posted by Dean Jobb

The Ontario Court of Appeal has struck down a sweeping ban on publishing details of the divorce proceedings of convicted murderer Col. Russell Williams, confirming that “emotional distress and embarrassment” are insufficient grounds for supressing information about court cases. The ban was lifted on Feb. 7.

Media outlets post Vancouver riot photos online before handing over to police

Jan 23, 2012 - Posted by Belinda Alzner

Six media outlets in British Columbia will hand over thousands of photos and videos of last June’s Vancouver riots to police under a court order – but not before putting them online for readers to see.

Same-sex marriage vs. Stephen Harper: False outrage and how the media got it wrong

Jan 14, 2012 - Posted by Belinda Alzner

On Thursday, The Globe and Mail ran a front-page story stating that there had been a "reversal" of policy on the part of the government when it came to the legality of same-sex marriages in Canada. Outrage ensued. Commenters, social media and response columns all blasted Stephen Harper and his Conservative government for a move they considered to be steps backward. But it isn't so cut and dry, and in fact, the media kind of got it wrong. Kevin Kindred is a lawyer and LGBT rights activist with Nova Scotia Rainbow Action Project in Halifax, NS, and he explains why this is a legal issue – not a political one – and how the media helped to manufacture false outrage over the issue.

Law

edited by DEAN JOBB

This is a clearinghouse for news, information, advice and commentary on legal issues of importance to journalists. Dean Jobb is an associate professor at the University of King's College School of Journalism in Halifax, where he teaches print journalism and newspaper production. He is the author of Media Law for Canadian Journalists (Emond Montgomery Publications, 2nd ed., 2010) and co-author of Digging Deeper: A Canadian Reporter's Research Guide (Oxford University Press). He writes a column on legal issues for Media, the Canadian Association of Journalists magazine, and frequently reports on media law topics for The Lawyers Weekly.