Canadian Broadcasting Corp. v. Canada (Attorney General) , 2011 SCC 2 ; [2011] 1 S.C.R. 19, Canadian Broadcasting Corp. v. Canada (Attorney General), 2011 SCC 2, 2011 SCC 2 (2011)
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Canadian Broadcasting Corp. v. Canada (Attorney General) , 2011 SCC 2 ; [2011] 1 S.C.R. 19, Canadian Broadcasting Corp. v. Canada (Attorney General), 2011 SCC 2, 2011 SCC 2 (2011)
SUPREME COURT OF CANADACitation: Canadian Broadcasting Corp. v. Canada (Attorney General), 2011 SCC 2, [2011] 1 S.C.R. 19Date: 20110128Docket: 32920Between:Canadian Broadcasting Corporation, Groupe TVA inc., La Presse Ltée andFédération professionnelle des journalistes du QuébecAppellants andAttorney General of Canada, Attorney General of Quebec,the Honourable François Rolland in his capacity as Chief Justice of theQuebec Superior Court and Barreau du QuébecRespondents- and -Attorney General of Alberta, Canadian Civil Liberties Association,Canadian Newspaper Association, Ad IDEM/Canadian Media Lawyers Association,RTNDA Canada/Association of Electronic Journalists, Canadian Association of Journalists, Canadian Journalists for Free Expression, Canadian Publishers' Council and British Columbia Civil Liberties AssociationIntervenersOfficial English TranslationCoram: McLachlin C.J. and Binnie, LeBel, Deschamps, Fish, Abella, Charron, Rothstein and Cromwell JJ.Reasons for Judgment:(paras. 1 to 99)Deschamps J. (McLachlin C.J. and Binnie, LeBel, Fish, Abella, Charron, Rothstein and Cromwell JJ. concurring)Canadian Broadcasting Corp. v. Canada (Attorney General), 2011 SCC 2, [2011] 1 S.C.R. 19Canadian Broadcasting Corporation,Groupe TVA inc., La Presse ltée andFédération professionnelle des journalistes du Québec Appellants v.Attorney General of Canada,Attorney General of Quebec,the Honourable François Rolland,in his capacity as Chief Justice of the Quebec Superior Court,and Barreau du Québec Respondents andAttorney General of Alberta,Canadian Civil Liberties Association,Canadian Newspaper Association,Ad IDEM/Canadian Media Lawyers Association,RTNDA Canada/Association of Electronic Journalists,Canadian Association of Journalists,Canadian Journalists for Free Expression,Canadian Publishers' Council andBritish Columbia Civil Liberties Association IntervenersIndexed as: Canadian Broadcasting Corp. v. Canada (Attorney General)2011 SCC 2File No.: 32920.2010: March 16; 2011: January 28.Present: McLachlin C.J. and Binnie, LeBel, Deschamps, Fish, Abella, Charron, Rothstein and Cromwell JJ.on appeal from the court of appeal for quebecConstitutional law - Charter of Rights - Freedom of expression - Freedom of the press - Courthouses - Rules of practice and directive issued by Ministère de la Justice limiting filming, taking photographs and conducting interviews to predetermined locations and prohibiting broadcasting of official audio recordings of hearings - Whether these measures infringe freedom of expression - If so, whether infringement justifiable - Canadian Charter of Rights and Freedoms, ss. 1, 2(b) - Rules of practice of the Superior Court of Québec in civil matters, R.R.Q. 1981, c. C-25, r. 8, rules 38.1, 38.2 - Rules of Practice of the Superior Court of the Province of Quebec, Criminal Division, 2002, SI/2002-46 (am. SI/2005-19), ss. 8.A, 8.B.Constitutional law - Charter of Rights - Reasonable limits prescribed by law - Directive issued by Ministère de la Justice limiting filming, taking photographs and conducting interviews to predetermined locations in courthouses - Directive infringing freedom of expression - Whether directive meets "prescribed by law" requirement of s. 1 of Canadian Charter of Rights and Freedoms.The CBC, Groupe TVA, La Presse ltée and the Fédération professionnelle des journalistes du Québec (the "media organizations") want to film, take photographs and conduct interviews in the public areas of courthouses, and they also want to broadcast the official audio recordings of court proceedings. There are rules that limit the places where the first of these activities may take place and that prohibit the second. The media organizations, which submit that these rules unjustifiably infringe the freedom of the press to which they are entitled, applied for a declaration that rules 38.1 and 38.2 of the Rules of practice of the Superior Court of Québec in civil matters and ss. 8.A and 8.B of the Rules of Practice of the Superior Court of the Province of Quebec, Criminal Division, 2002 ("rules of practice"), together with Directive A-10 of Quebec's Ministère de la Justice entitled Le maintien de l'ordre et du décorum dans les palais de justice, are of no force or effect.The Superior Court held that the activities were protected by s. 2(b) of the Canadian Charter of Rights and Freedoms, but that the impugned measures were justified within the meaning of s. 1. The Court of Appeal dismissed the media organizations' appeal, holding unanimously that the protection of s. 2(b) of the Charter does not give the media an unrestricted right to conduct interviews, film and take photographs in courthouses...See the full content of this document
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