Freedom of the press: Juliet O'Neill.

• Author: McKay-Panos, Linda
• Position: Human Rights Law

A recent ruling of the Superior Court of Ontario in the case of Ottawa journalist Juliet O'Neill illustrates the importance of freedom of the press in Canada. (O'Neill v. Canada (Attorney General), 2006 CanLii 35004 (O'Neill)).

Section 2(b) of the Canadian Charter of Rights and Freedoms sets out protection for freedom of expression, which includes freedom of the press. In drafting the Charter, it was recognized that freedom of expression and freedom of the press are essential to a well-functioning democracy. The Supreme Court of Canada, in the 1989 case of Irwin Toy v. Quebec, recognized three key values that are fostered by freedom of expression: democracy, the search for truth, and individual autonomy. When people can freely exchange ideas, they are able to make informed decisions on issues of political importance. Freedom of the press contributes to our right to freedom of expression by providing us with information in order to explore political ideas and engage in political debate. The press also plays a role in ensuring that the political system is accountable to the people it is designed to serve.

However, while freedom of expression and freedom of the press are very important values, they are not without limits in Canada. There are a number of laws that restrict expression in order to protect individuals from harm. For example, obscenity laws, laws relating to defamation and hate speech, and laws regulating advertising aimed at children all provide limitations on freedom of expression in order to prevent harm. It is in this spirit that the Supreme Court of Canada has placed some limits on freedom of the press (see for example, the 1991 case of CBC v. Attorney General (New Brunswick). The Canadian press does not have protection for all operational means and methods they may choose to adopt. The press would not, for example, be able to escape criminal liability if they were to run down a pedestrian when pursuing a story (Constitutional Law in Canada, Special Topics: Freedom of Expression in Canada (www. constitutional-law.net/expression.html).

Reporter Juliet O'Neill wrote an article on the Maher Afar case. Canadian Maher Arar was stopped at a New York airport and then deported in 2002 to Syria where he was detained and tortured. Shortly after the article was printed, on January 2l, 2004, the RCMP carried out a search of Ms. O'Neill's home and office under the authority of two search warrants obtained under the Security of Information...