The CBC appealed a decision dismissing its motion to broadcast a video recording of a statement made by the accused to the police, which was tendered as an exhibit at trial.
The trial judge had held that the Rules of Practice of the Superior Court of the Province of Quebec, Criminal Division prohibited broadcasting the recording.
The Supreme Court of Canada held that the rules prohibit broadcasting recordings of proceedings, not exhibits.
Access to exhibits is governed by the open court principle, and trial judges must apply the Dagenais/Mentuck test to determine if broadcasting should be limited.
The appeal was dismissed as moot because the accused had been acquitted.
