Cases

SCC Case Information

Summary

32865

Canadian Broadcasting Corporation, et al. v. Her Majesty the Queen, et al.

(Alberta) (Criminal) (By Leave)

Keywords

Canadian charter - criminal.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch) for information purposes only.

Charter of Rights - Freedom of expression (s. 2(b)) - Criminal law - Publication bans - Judicial interim release - Hearing - Whether s. 517 of the Criminal Code, R.S.C. 1985, c. C-46, as amended, infringes s. 2(b) of the Canadian Charter of Rights and Freedoms - If so, whether the infringement is a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms.

Respondent White was charged with the murder of his wife. He applied for judicial interim release, and made an application for a restriction on publication of the proceedings pursuant to s. 517 of the Criminal Code. His application was granted. In separate proceedings, the Appellants brought an application seeking a declaration that s. 517 was inconsistent with the Charter and of no force or effect. The hearing on the application took place before the same judge who had released the Respondent White on bail, and the application was granted. The Court of Appeal allowed the appeal.