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Section 486(1) of the Criminal Code is constitutional, but trial judge erred in excluding public.
The appellant broadcaster challenged an order made by a trial judge under s. 486(1) of the Criminal Code excluding the public and media from part of the sentencing proceedings of an accused who pleaded guilty to sexual offences.
The Supreme Court of Canada held that while s. 486(1) infringes the freedom of the press guaranteed by s. 2(b) of the Charter, it is saved under s. 1 as a reasonable limit to protect the proper administration of justice.
However, the Court found that the trial judge erred in exercising his discretion to exclude the public in this specific case, as there was insufficient evidence to support a concern for undue hardship to the victims or the accused.
The appeal was allowed and the exclusion order was quashed.
Press freedom informs reasonableness but does not bar media search warrants.
The appellant media organization challenged a warrant authorizing police seizure of videotapes depicting a protest during which a guardhouse was destroyed.
The Supreme Court held that freedom of the press under s. 2(b) of the Charter does not impose additional constitutional preconditions on the issuance of search warrants for media premises, though it informs the reasonableness analysis under s. 8.
The court applied a contextual balancing approach requiring consideration of the media's role as an innocent third party, the effect of the search on news gathering and dissemination, the existence of alternative sources, and the possibility of tailored conditions.
On the facts, the warrant met the statutory requirements and the search was reasonable notwithstanding deficiencies in the affidavit concerning alternative sources.
The appeal was dismissed, with one judge dissenting.
