What is the "open court" principle in the Canadian Charter of Rights and Freedoms?
Ontario, Canada
The following excerpt is from R. v Nyznik, 2016 ONSC 2775 (CanLII):
The Canadian Charter of Rights and Freedoms (“the Charter”) in s. 2(b) provides that “freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication” are “fundamental freedoms”. The “open court” principle is inextricably tied to s. 2(b) rights. Media outlets are free to gather and disseminate information about the operations of the courts, the public has the right to obtain that information and also has the freedom to form and express opinions and ideas about how the courts are functioning. See Canadian Broadcasting Corporation v. New Brunswick (Attorney General) 1996 CanLII 184 (SCC), [1996] 3 SCR 480.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the primacy of the open courts under s. 2(b) of the Canadian Charter of Rights and Freedoms? (Ontario, Canada)
What are the implications of the principle of open courts in the context of s. 2(b) of the Charter of Rights and Freedoms? (Ontario, Canada)
How have the courts interpreted s. 7 of the Charter of Canada’s Charter of Rights and Freedoms? (Ontario, Canada)
What is the argument in support of the proposition that the Canadian constitution requires positive action by the Canadian government to ensure that its citizens receive and retain the full measure of a right or a freedom? (Ontario, Canada)
What is the test for reasonable and probable grounds under section 254(3) of the Canadian Charter of Rights and Freedoms? (Ontario, Canada)
What is the test for admissibility of evidence under section 24(2) of the Canadian Charter of Rights and Freedoms? (Ontario, Canada)
What is the scope of the openness principle in the context of the freedom to express ideas and opinions about the operation of the courts? (Ontario, Canada)
How have the courts interpreted the principles of the Court of Arbitration for the purpose of making decisions at an arbitrator rather than the court? (Ontario, Canada)
What is the burden of persuasion required for an appellant to persuade a court that her Charter rights or freedoms have been denied or denied? (Ontario, Canada)
Can an accused waive his or her rights under s. 11(b) of the Canadian Human Rights Code? (Ontario, Canada)
