Law
Its been a week since the Toronto Star and Gawker went public with allegations concerning Mayor Rob Ford mixing with self identified criminals and possibly smoking crack cocaine. The mayor has denied the allegations dismissing them as part of a larger vendetta against him. Given the seriousness of the allegations and the damage they are doing to the office of mayor as well as to Ford himself, why hasn't he filed a libel suit? J-Source Law Editor Thomas Rose explains.
Brian Burke says anonymous bloggers have deliberately set out to ruin his good name. As his defamation suit against those bloggers goes forward, perhaps it is time to begin a discussion about whether internet anonymity should be restricted, writes J-Source law editor Thomas Rose.
Quebec is the latest jurisdiction to issue a protocol on the use of electronic devices by reporters and lawyers inside a courtroom, sparking some heated but predictable responses. Is this a violation of a citizen's right to stay informed? Does it impinge freedom of expression? Does it tarnish the principle of a fair and open trial?
Journalists may want to get into the habit of locking their cellphones in the wake of a ruling by the Ontario Court of Appeal which found police do not need a warrant to search unprotected phones, says Thomas Rose.
A journalism educator and former journalist is seeking participants for a new study into journalism independence in Canadian newsrooms.
Ontario may be the latest province to allow the use of electronic devices in its courtrooms, but it is not necessarily a privilege enjoyed by all. Our new Law editor introduces himself and describes the complexities in the Superior Court's decision that allows journalists—but not the public—to tweet court proceedings.
Prosecuting and jailing citizens for defamatory libel smacks of show trials we’d expect from countries such as Russia and China, says media lawyer and Law Times columnist Alan Shanoff. Yet the archaic law remains on the books and was recently used to imprison an Ottawa restaurant owner for publishing false material concerning an online restaurant reviewer. It's time to abolish the crime and leave libel to the civil courts, he argues in a February 11, 2013 column.
Alberta Provincial Court Judge Sean Dunnigan does something very unusual for a judge. He talks in public. Geoff Ellwand explains.
Media lawyer Daniel Henry was honoured with the Canadian Journalists for Free Expression 2012 Vox Libera award. In his acceptance speech, he called for journalists to keep pressing for camera access in court, saying that when journalists – and by virtue, the public – are denied access to courts electronically it is, quite simply, not good enough.
Reporters now have any variety of new technology at their fingertips when reporting from the courts, but when it comes to court process itself, they find themselves fighting the same old battles for exhibits, seats and access to lawyers and judges. Eric Mark Do reports from a panel discussion on court reporting held at Ryerson University.
Law
Edited by Thomas Rose
The Law Section is a clearinghouse for news, information, advice and commentary on matters of law of importance to journalists and to anyone with a passion or just a curiosity about the issues of our times.
Thomas Rose lectures in law and journalism at Wilfrid Laurier University. His research interests include journalism and democracy, international criminal law, and freedom of expression.
Thomas has published in various peer-reviewed academic journals and has an LL.M in International Law from Leiden University and a Masters in Studies of Law from Yale Law School. He is also an award winning journalist. Thomas has worked in public and private media for more than two decades as a Reporter, Senior Producer, Executive Producer, and Project Manager on national, regional and international multi-media projects. His work has taken him to Ghana, Italy, Northern Ireland, Vietnam, Russia, South Africa, and the United States. From 2006-2010 Thomas provided commentary and analysis on global affairs and legal issues for CBC online.
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