Dagenais v Canadian Broadcasting Corp
Dagenais v Canadian Broadcasting Corp, [1994] 3 S.C.R. 835 is the leading Supreme Court of Canada decision on publication bans and their relation to the right to freedom of expression under section 2(b) of the Canadian Charter of Rights and Freedoms. It was held that judges have a common law discretionary authority to impose publication bans on information revealed in a criminal trial. The judge, however, must weigh competing rights, such as freedom of expression and right to a fair trial, to mizzen the violation of rights. It was further held that the media has a right to appeal a decision of a publication ban.
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1994 reasons of the Supreme Court of CanadaClaire L'Heureux-DubéDagenaisDagenais v. Canadian Broadcasting Corp.Hill v Church of Scientology of TorontoList of New Brunswick case lawList of Supreme Court of Canada cases (Lamer Court)R v MentuckReasons of the Supreme Court of Canada by Chief Justice LamerRetail, Wholesale and Department Store Union, Local 580 v Dolphin Delivery LtdSierra Club of Canada v Canada (Minister of Finance)The Boys of St. VincentToronto Star Newspapers Ltd v Ontario
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Dagenais v Canadian Broadcasting Corp
Dagenais v Canadian Broadcasting Corp, [1994] 3 S.C.R. 835 is the leading Supreme Court of Canada decision on publication bans and their relation to the right to freedom of expression under section 2(b) of the Canadian Charter of Rights and Freedoms. It was held that judges have a common law discretionary authority to impose publication bans on information revealed in a criminal trial. The judge, however, must weigh competing rights, such as freedom of expression and right to a fair trial, to mizzen the violation of rights. It was further held that the media has a right to appeal a decision of a publication ban.
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Dagenais v Canadian Broadcasti ...... decision of a publication ban.
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923,037,489
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case-name
Dagenais v Canadian Broadcasting Corp
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citations
[1994] 3 S.C.R. 835; 1994 CanL ...... , 34 C.R. 269; , 76 O.A.C. 81
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Concurrence
McLachlin J.
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decided-date
1994-12-08
Dissent
Gonthier J.
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L'Heureux-Dubé J.
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La Forest J.
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full-case-name
Canadian Broadcasting Corporat ...... oseph Dugas and Robert Radford
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heard-date
1994-01-24
history
Judgment for the respondents in the Court of Appeal for Ontario
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JoinMajority
Sopinka, Cory, Iacobucci and Major JJ.
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majority
Lamer C.J.
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Dagenais v Canadian Broadcasti ...... decision of a publication ban.
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Dagenais v Canadian Broadcasting Corp
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