Index

• Author: Mark Bourrie
• Pages: 197-219

197

Index

1929 Persons case, 4, 41

1704604 Ontario Ltd v Pointes Pro-

tection Association, 164n80, 167,

167n86, 168

tests of anti-SLAPP laws, 164n79

Access to Information and Privacy

(ATIP)

appeals and complaints process

for, 195

coordinators for requests, 193,

193n17

laws protecting, 195–96

mixed blessing, as, 192

request process, 194–95

Accessory, after the fact, 74–75

Accident law cases

defence in, 78

foreseeability and, 132–33, 135–37,

141, 143

heard in civil court, 113

liability in, 67

multiple causes of, 143

negligence and, 129–31

structured settlements and (US),

173

time limitations on, 176

tort of negligence or battery, 150

Accused persons

best interests, of, 83

confessions of, 94n71, 181

criminal record as privileged, 181–82

law ambiguities interpreted in

favour of, 28, 63

reverse onus of‌fence and, 65

right to legal counsel, 93, 96–97

who are Indigenous, 9

Acquittal, in criminal law, 75, 109,

113, 138, 141

defence leading to, 67–68, 79–80,

83, 85–86, 86n61, 89–90, 152

Act respecting Access to documents

held by public bodies and the

Protection of personal informa-

tion, 27n4

Actus reus (doing acts), 78, 86, 89, 108

Administrative law, 7, 30

Aiding and abetting, 88–90

Air of reality

defence of, 64–65, 85, 88

Al Jazeera news agency, 166

Alberta Court of Appeal, 44n21, 46

Alberta Court of Queen’s Bench, 46, 55

Alibrandi, Tom, 37n3

FUNDAMENTAL LAW FOR JOURNALISTS198

Alternative dispute resolution (ADR),

46, 48–50. See also Arbitration;

Mediation

Amenity, loss of

compensation for, 122

Animal rights, 162–63

Anti-SLAPP (Strategic Lawsuit

Against Public Participation) laws

counteracting libel chill, 162–63, 169

goals embodied in, 165, 168

multi-step test, 164

proof of actual damages in defam-

ation suits and, 17, 154, 159

some US states, in, 163

supporting expression on matters

of public interest, 168

Appeals. See also Federal Court of

Appeal; Provincial courts of

appeal

ATIP process to, 193, 195

CRA assessments of, 85

government decisions of, 30

not permitted for arbitration deci-

sions, 49

right of accused if acquittal set

aside, 40–41

right of convicted to, 44

rulings on disclosure of, 190

seizing terrorist propaganda on,

99–100

Supreme Court and, 40–41

Arbitration. See also Mediation

decisions as unappealable, 49

dispute resolved by arbiter, 48

fair use of, 50

international model laws on, 14

Liebeck v McDonald’s Restaurants,

in, 131

norm in international trade, 49

Armani, Frank, 37n3

Arrest

details of case as sub judice, 180

house arrest, 108

journalists, of, 179, 186–87

power of search, 105–6

process of, 103

rights when arrested, 3, 91, 93,

104, 186

Arthur, Bruce, 3

Assault. See also Battery; Sexual

assault/sexual assault cases

blocking a person’s way, 151

causing bodily harm, 75, 85

conducted on children, 183

impacting reputation, 153

making a threat, as, 150–51,

151n55. See also Threats

sports violence, 86

Athey v Leonati, 143n35

Bad faith, core aspect of SLAPP

lawsuits, 165

Baker v Canada (Minister of Citizen-

ship and Immigration), 31, 31n6

Bane and antidote defence in defam-

ation cases, 158, 159n72

Bars/party hosts, duty of care to

guests, 144–45

Basely v Clarkson, 152n63

Battered woman syndrome (BWS) as

self-defence defence, 87n63

Battery

commencement of, 151n55

defences for, 150

includes sexual and physical

assault, 149

Beaver v The Queen and require-

ment for mens rea in criminal

of‌fences, 71n22

Bell Canada v Cop (Sarnia) Ltd, 152n60

Bent v Platnick, 164n80, 168n87

Bernardo, Paul, 183–84

Bill of Rights (US), 91

Bills, private, 26

Bills, public. See also Parliament

delaying tactics of opposition, 23

f‌irst, second, third reading, 22, 25–26

policy reasons for, 21–22, 24