What is the balance between freedom of the press and fair trial?
Alberta, Canada
The following excerpt is from R. v. Warren, 2008 ABQB 401 (CanLII):
Another case dealing with balance is Dagenais v. CBC, 1994 S.C.R. 835, Lamer C.J. as he then was, in dealing with two conflicting Charter Rights, i.e. s. 11(d) the accused’s right to a fair trial and s. 2(b) freedom of the press refers to Charter principles at p. 877 requiring a balance to be achieved that fully respects the importance of both set of rights. He refers to the salutary effects outweighing the deleterious effects.
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