What is the impact of freedom of expression in the context of restrictions on the media reporting on matrimonial disputes?

Ontario, Canada


The following excerpt is from R. v. S.H., 2004 CanLII 53854 (ON SC):

In Edmonton Journal v. Alberta 1989 CanLII 20 (SCC), 64 D.L.R. (4th) 577 at 610 (SCC), Cory J. spoke of the importance of openness in the context of an Alberta statute that imposed limitations on the right of the media to report on matrimonial disputes: It can be seen that freedom of expression is a fundamental importance to a democratic society. It is also essential to a democracy and crucial to the rule of law that the courts are seen the function openly. The press must be free to comment upon court proceedings to ensure that the courts are, in fact, seen by all to operate openly in the penetrating light of public scrutiny. --- that is to say as listeners and readers, members of the public have a right to information pertaining to public institutions and particularly the courts. Here the press plays a fundamentally important role. It is exceedingly difficult for many, if not most, people to attend a court trial. Neither working couples nor mothers or fathers house -- bound with young children, would find it possible to attend court. Those who cannot attend rely in large measure upon the press to inform them about court proceedings--- the nature of the evidence that was called, the arguments presented, the comments made by the trial judge--- in order to know not only what rights they may have, but how their problems might be dealt with in court. It is only from the press that most individuals can really learn of what is transpiring in the courts. They as "listeners" or readers have a right to receive this information. Only they can make an assessment of the institution. Discussion of court cases and constructive criticism of court proceedings is dependent upon the receipt by the public of information as to what transpired in court. Practically speaking, this information can only be obtained from the newspapers or other media.

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