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.
