R. v. Sophonow, (1983) 21 Man.R.(2d) 110 (CA)

• Judge: Monnin, C.J.M., Hall and Matas, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: April 19, 1983
• Jurisdiction: Manitoba
• Citations: (1983), 21 Man.R.(2d) 110 (CA)

R. v. Sophonow (1983), 21 Man.R.(2d) 110 (CA)

MLB headnote and full text

R. v. Sophonow

(Suit No. 128/83)

Indexed As: R. v. Sophonow

Manitoba Court of Appeal

Monnin, C.J.M., Hall and Matas, JJ.A.

April 19, 1983.

Summary:

An accused was tried by a judge and jury for second degree murder and convicted. The accused filed notice of appeal against conviction. After the conviction, several sensational stories concerning the accused, the trial, and his conviction appeared in a local newspaper. The accused moved for an order restricting publication of all extrajudicial commentary until his appeal was heard.

The Manitoba Court of Appeal dismissed the motion.

Civil Rights - Topic 2403

Freedom of the press - Scope of freedom - The Manitoba Court of Appeal stated that freedom of the press is not an absolute right but must be exercised reasonably, having due regard to the right of an accused to a fair trial - See paragraphs 5 to 6.

Civil Rights - Topic 2444

Freedom of the press - Lawful abridgement of - Trial publicity - An accused appealed, seeking a new trial - He moved for an order restricting publication of any extra-judicial commentary until his appeal was heard - The motion followed several sensational stories in a local newspaper - The accused argued that his right to a fair hearing, as guaranteed by s. 11(d) of the Canadian Charter of Rights and Freedoms, was jeopardized - The Manitoba Court of Appeal dismissed the motion, because it was impractical, inappropriate, would be tantamount to censorship, was inconsistent with the requirement of a public hearing, and there were adequate safeguards to assure the accused a fair hearing.

Cases Noticed:

R. v. Parke, [1903] 2 K.B. 432, refd to. [para. 10].

R. v. Bryan et al., [1954] O.R. 250, refd to. [para. 11].

F.P. Publications (Western) Limited v. Conner, [1980] 1 W.W.R. 504; 2 Man.R.(2d) 1, refd to. [para. 32].

The Sunday Times Case (1979), 22 Yearbook of the European Convention on Human Rights 402 (European Court of Human Rights), refd to. [para. 32].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 2(b) [paras. 5; 23]; sect. 11(d) [paras. 5 to 6; 22].

Authors and Works Noticed:

Beckton, Annotation on The Sunday Times Case, in Canadian Charter of Rights and Freedoms: Commentary, pp. 96-100 [para. 32].

Hogg, Canada Act 1982 Annotated, p. 66 [para. 28].

Tarnopolsky and Beaudoin, Canadian Charter of Rights and Freedoms: Commentary, c. 16, pp. 96-100 [para. 32]; 498-500 [para. 28].

Gibson, Enforcement of the Canadian Charter of Rights and Freedoms, in Canadian Charter of Rights and Freedoms: Commentary, c. 16, pp. 498-500 [para. 28].

Counsel:

G.G. Brodsky, Q.C., for (accused) appellant;

J.G.B. Dangerfield, Q.C., for the Crown.

This motion was heard before MONNIN, C.J.M., HALL and MATAS, JJ.A., of the Manitoba Court of Appeal, on April 19, 1983. The decision of the Court of Appeal was delivered on April 19, 1983, when the following opinions were filed:

HALL, J.A. - See paragraphs 1 to 14;

MATAS, J.A. - See paragraphs 15 to 33.

MONNIN, C.J.M., concurred with both HALL and MATAS, JJ.A.