Several major Canadian media companies brought an application challenging the constitutionality of ss. 119(1)(s) and 129 of the Youth Criminal Justice Act, arguing they unjustifiably infringe freedom of expression under s. 2(b) of the Charter by unduly limiting media access to youth court records and the ability to report on their contents.
The Superior Court found that both provisions infringe s. 2(b).
However, the court held that s. 119(1)(s), which requires the media to apply for access to records, is a reasonable limit saved by s. 1 given the pressing objective of protecting youth privacy.
Conversely, the court found that s. 129, which imposes a blanket ban on disclosing any information derived from youth records, is not minimally impairing and its deleterious effects outweigh its salutary benefits.
Section 129 was declared of no force and effect.
