Cases
SCC Case Information
Summary
32920
Canadian Broadcasting Corporation, et al. v. Attorney General of Quebec, et al.
(Quebec) (Civil) (By Leave)
Keywords
Canadian charter - civil.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch) for information purposes only.
Canadian Charter - Freedom of expression and of press - Presence of press in courthouses - Rules and directives adopted by Superior Court and Ministère de la Justice to circumscribe journalists’ activities in courthouses and prohibit media from broadcasting official recordings of trials - Whether Rule 38.1 of Rules of practice of the Superior Court of Québec in civil matters, R.R.Q., c. C-25, r. 8, and s. 8B of Rules of Practice of the Superior Court of the Province of Quebec, Criminal Division, 2002, SI/2005-19, infringe s. 2(b) of Canadian Charter of Rights and Freedoms - If so, whether infringement is reasonable limit prescribed by law that can be demonstrably justified in free and democratic society under s. 1 of Canadian Charter of Rights and Freedoms - Whether Directive A-10 of Ministère de la Justice du Québec entitled Le maintien de l’ordre et du décorum dans les palais de justice infringes s. 2(b) of Canadian Charter of Rights and Freedoms - If so, whether infringement is reasonable limit prescribed by law that can be demonstrably justified in free and democratic society under s. 1 of Canadian Charter of Rights and Freedoms - Whether Rule 38.2 of Rules of practice of the Superior Court of Québec in civil matters, R.R.Q., c. C-25, r. 8, and s. 8A of Rules of Practice of the Superior Court of the Province of Quebec, Criminal Division, 2002, SI/2005-19, infringe s. 2(b) of Canadian Charter of Rights and Freedoms - If so, whether infringement is reasonable limit prescribed by law that can be demonstrably justified in free and democratic society under s. 1 of Canadian Charter of Rights and Freedoms.
Responding to excesses caused by large numbers of journalists and the disclosure of official recordings, the judges of the Quebec Superior Court adopted rules for the conduct of civil and criminal trials at a general meeting held in 2004. The rules provided that cameras could be present and interviews conducted only in areas designated by the Chief Justice and also prohibited the media from broadcasting official recordings. The Chief Justice’s directives designated authorized areas, reiterated the rules and added a more specific prohibition against pursuing people with cameras or microphones. Quebec’s Ministère de la Justice adopted a directive to make the instructions concerning relations between users and journalists applicable to all courthouses. All these rules were contested in the Appellants’ declaratory action.
