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
The following excerpt is from Stikeman v. Gottlieb, 2019 ONSC 7582 (CanLII):
The principle of open courts is inextricably tied to the rights guaranteed by s. 2(b) of the Canadian Charter of Rights and Freedoms: Canadian Broadcasting Corporation v. New Brunswick (Attorney General), 1996 CanLII 184 (SCC), [1996] 3 S.C.R. 480 at para. 23. Section 2(b) provides: 2. Everyone has the following fundamental freedoms: (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
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