P.M.F. v. M.M.L., 2006 SKCA 37

• Judge: Cameron, Lane and Smith, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: March 13, 2006
• Jurisdiction: Saskatchewan
• Citations: 2006 SKCA 37;(2006), 275 Sask.R. 56 (CA)

P.M.F. v. M.M.L. (2006), 275 Sask.R. 56 (CA);

    365 W.A.C. 56

MLB headnote and full text

Temp. Cite: [2006] Sask.R. TBEd. AP.007

P.M.F. (appellant) v. M.M.L. (respondent)

(No. 1228; 2006 SKCA 37)

Indexed As: P.M.F. v. M.M.L.

Saskatchewan Court of Appeal

Cameron, Lane and Smith, JJ.A.

March 13, 2006.

Summary:

A mother and father were engaged in custody and access litigation. The mother obtained an order prohibiting the father from using the child's name or image "in any publication, news release, or on television, radio, or internet". The father appealed, claiming the order infringed his freedom of speech.

The Saskatchewan Court of Queen's Bench held that the order was a reasonable limitation on the father's freedom of speech, but the limitation regarding the internet was overly broad. The court amended the order to allow the father to use the child's name and image in purely private email communications.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Civil Rights - Topic 1859.2

Freedom of speech or expression - Limitations on - Publication bans - A mother and father were engaged in custody and access litigation - The father embarked on a public campaign claiming his constitutional rights had been infringed - The father used the child's name and photograph in publications - The mother obtained an order prohibiting the father from using the child's name or image "in any publication, news release, or on television, radio, or internet" - The father appealed, claiming the order infringed his freedom of speech - The Saskatchewan Court of Appeal held that, even assuming that Charter values applied in the custody and access context, the order placed only a modest limit on the father's freedom of expression and the limit was reasonable to protect the best interests of the child - However, the limitation regarding the internet was overly broad - The court amended the order to exclude purely private email communications while continuing to prohibit the use of the child's name or image for any public purposes.

Civil Rights - Topic 1863

Freedom of speech or expression - Denial of - What constitutes - [See Civil Rights - Topic 1859.2 ].

Family Law - Topic 23

Publication bans - Mandatory publication bans - [See Civil Rights - Topic 1859.2 ].

Cases Noticed:

Young v. Young et al., [1993] 4 S.C.R. 3; 160 N.R. 1; 34 B.C.A.C. 161; 56 W.A.C. 161, refd to. [para. 7].

D.P. v. C.S., [1993] 4 S.C.R. 141; 159 N.R. 241; 58 Q.A.C. 1, refd to. [para. 7].

Counsel:

P.F., in person;

M.L., in person.

This appeal was heard on March 13, 2006, by Cameron, Lane and Smith, JJ.A., of the Saskatchewan Court of Appeal. Lane, J.A., delivered the following decision for the court orally on the same date and filed written reasons on March 27, 2006.