CommentaryDean Jobb says it’s time judges and legislators admitted some inconvenient truths about publication bans: there’s little evidence that pre-trial reporting influences verdicts; jury trials have become less common in criminal cases, even for serious offences like murder; and the outdated “you-can’t-handle-the-truth” approach undermines public confidence in the justice system. A sheriff posts a notice…
Ontario’s highest court has recognized “responsible journalism” as a defence to libel actions in a ruling that promises to set a precedent across the country. J-Source Law Editor Dean Jobb reviews the case and provides background info and additional resources.
NewsAn Alberta man who had an affair with a teacher 10 years ago, when he was a teenager, cannot have his identity published despite his desire to go public, the Supreme Court of Canada ruled on Nov. 1. The Fifth Estate will air a documentary on the case the month, but the man’s face and identity…
NewsNovember 8, 2007 — Does the guarantee of free speech in America’s first amendment trump English libel law? That’s the question facing New York’s Court of Appeals this month. Rachel Ehrenfeld, a New York-based author, is seeking a ruling that an English libel judgment against her cannot be enforced in America and that her book,…
CommentaryA Saskatchewan judge has ignored a reporter’s challenge to a publication ban imposed in a high-profile criminal case. In an October 2007 column, managing editor Vern Faulkner of the Prince Albert Daily Herald explains why the judge was wrong … and why the media has the right to fight the ban.
NewsReinforcing the protection given to confidential police informers, the Supreme Court of Canada has ruled that the court and Crown have no discretion to disclose any details to the public or media that could lead to their identification. Helen Burnett of the Law Times reports.
CommentaryThe courts are coming to grips with chat on the Internet, says BBC News Online columnist Bill Thompson. People who post anonymous comments on websites be warned — you can be outed and sued.
NewsThe Guardian newspaper calls it a “landmark” ruling in defence of investigative reporting. Britain’s court of appeal has used the defence of “responsible journalism” to dismiss a libel action against the publisher of a book about police corruption. The October 2007 ruling shields the media from libel actions “even if not every allegation can be proved,…
FeatureTwo countries, two alleged terrorist cells, two vastly different approaches to the public’s right to know. Why is it Americans get to know so much more than Canadians about important court cases? The Toronto Star‘s Isabel Teotonio reports on the impact of publication bans.
BackgrounderConrad Black’s fraud trial in Chicago highlighted the differences between the Canadian and American systems of justice. A Canadian journalist who needs to know how a grand jury works or where to find a case file down south can consult the Knight Centre for Specialized Journalism’s court coverage website. It’s designed to help rookie and…