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Vancouver Sun (Re)
Re Vancouver Sun is a leading Supreme Court of Canada case regarding the open court principle, freedom of the press and publication bans. The open court principle is the "right of public access to the courts". Facts Section 83.28 Orders and Investigative Hearings Section 83.28 of the '' Criminal Code'' operates with respect to investigations of terrorism offences. The section allows police to apply for a court order to compel a potential witness to: :* attend an investigative hearing; :* submit to questioning by police at the hearing; :* to bring all documents and other materials in their possession to the hearing The questioning of the witness occurs before a judge. Section 83.28 also allows for the exclusion of the public and media from the hearing. Investigation of Air India Bombing In 1985, two acts of terrorism caused the deaths of two baggage handlers in Japan and the 329 passengers and crew of Air India Flight 182. The Air India bombing was the largest mass mur ...
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Open Court Principle
The open court principle requires that court proceedings presumptively be open and accessible to the public and to the media. In contrast, ''in camera'' describes court proceedings where the public and press are not allowed to observe the procedure or process. Canada Purpose The virtues of openness were discussed by the Supreme Court of Canada in ''A.G. Nova Scotia v. MacIntyre'' which quoted eighteenth-century philosopher Jeremy Bentham: :In the darkness of secrecy, sinister interest and evil in every shape have full swing. Only in proportion as publicity has place can any of the checks applicable to judicial injustice operate. Where there is no publicity there is no justice. Publicity is the very soul of justice. It is the keenest spur to exertion and the surest of all guards against improbity. It keeps the judge himself while trying under trial. According to the Supreme Court of Canada in ''Vancouver Sun (Re)'', the open court principle enhances the public's confidence in th ...
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Freedom Of The Press
Freedom of the press or freedom of the media is the fundamental principle that communication and expression through various media, including printed and electronic News media, media, especially publication, published materials, should be considered a right to be exercised freely. Such freedom implies the absence of interference from an overreaching State (polity), state; its preservation may be sought through constitution or other legal protection and security. Without respect to governmental information, any government may distinguish which materials are public or protected from disclosure to the public. State materials are protected due to either one of two reasons: the classified information, classification of information as sensitive, classified or secret, or the relevance of the information to protecting the national interest. Many governments are also subject to "sunshine laws" or freedom of information legislation that are used to define the ambit of national interest and ...
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Publication Ban
A publication ban is a court order which prohibits the public or media from disseminating certain details of an otherwise public judicial proceeding. In Canada, publication bans are most commonly issued when the safety or reputation of a victim or witness may be hindered by having their identity openly broadcast in the press. They are also commonly issued when the crime involves minors or is sexual in nature. In countries where press freedom is the norm, an actual ban on publication is used mostly for ongoing court cases where publicity may affect the case, although in Canada the balance has tilted away from disclosure since the passage in 1985 of the Freedom of Information and Protection of Privacy Act (Ontario). In Canada There are several types of publication ban permitted under the Canadian criminal code: * An order restricting the publication of information identifying complainants of sexual offences s.486.4] * An order restricting publication of information identifying vi ...
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Criminal Code (Canada)
The ''Criminal Code'' (french: Code criminel)The citation of this Act by these short titles is authorised by thEnglishantexts of section 1. is a law that codifies most criminal offences and procedures in Canada. Its official long title is ''An Act respecting the Criminal Law'' (French: ), and it is sometimes abbreviated as ''Cr.C.'' (French: ) in legal reports. Section 91(27) of the ''Constitution Act, 1867'' establishes the sole jurisdiction of the Parliament of Canada over criminal law. The ''Criminal Code'' contains some defences, but most are part of the common law rather than statute. Important Canadian criminal laws not forming part of the code include the ''Firearms Act'', the ''Controlled Drugs and Substances Act'', the ''Canada Evidence Act'', the ''Food and Drugs Act'', the ''Youth Criminal Justice Act'' and the ''Contraventions Act''. One of the conveniences of the ''Criminal Code'' was that it constituted the principle that no person would be able to be convic ...
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Air India Flight 182
Air India Flight 182 was an Air India flight operating on the Montreal–London–Delhi–Bombay route. On 23 June 1985, it was operated using Boeing 747-237B registered ''VT-EFO''. It disintegrated in mid-air en route from Montreal to London, at an altitude of over the Atlantic Ocean, as a result of an explosion from a bomb planted by Canadian Sikh terrorists. The remnants of the airliner fell into the ocean approximately off the coast of Ireland, killing all 329 people aboard, including 268 Canadian citizens, 27 British citizens, and 24 Indian citizens. The bombing of Air India Flight 182 is the deadliest aviation incident in the history of Air India and was the world's deadliest act of aviation terrorism until the September 11 attacks in 2001. Investigators found the attack was a part of a larger transnational terrorist plot and had included two attempted plane bombings. The first bomb was meant to explode aboard Air India Flight 301, which was scheduled to take off fr ...
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In Camera
''In camera'' (; Latin: "in a chamber"). is a legal term that means ''in private''. The same meaning is sometimes expressed in the English equivalent: ''in chambers''. Generally, ''in-camera'' describes court cases, parts of it, or process where the public and press are not allowed to observe the procedure or process.. ''In-camera'' is the opposite of trial in open court where all parties and witnesses testify in a public courtroom, and attorneys publicly present their arguments to the trier of fact. ''In camera'' hearings during trials Entire cases may be heard ''in-camera'' when, for example, matters of national security are involved. ''In-camera'' review by a judge may be used during otherwise open trials—for example, to protect trade secrets or where one party asserts privilege (such as attorney–client privileged communications). This lets the judge review documents in private to determine if revelation of documents in open court will be allowed. In United States ...
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Vancouver Sun
The ''Vancouver Sun'', also known as the ''Sun'', is a daily broadsheet newspaper based in Vancouver, British Columbia, Canada. The newspaper is currently published by the Pacific Newspaper Group, a division of Postmedia Network. Published six days a week from Monday to Saturday, the ''Sun'' is the largest newspaper in western Canada by circulation. The newspaper was first published on 12 February 1912. The newspaper expanded in the early 20th century by acquiring other papers, such as the ''Daily News-Advertiser'' and ''The Evening World''. In 1963, the Cromie family sold the majority of its holdings in the ''Sun'' to FP Publications, who later sold the newspaper to Southam Inc. in 1980. The newspaper was taken over by Hollinger Inc. in 1992, and was later sold again to CanWest in 2000. In 2010, the newspaper became part of the Postmedia Network as a result of the collapse of CanWest. History The ''Vancouver Sun'' published its first edition on 12 February 1912. The n ...
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Air India Trial
Air India Flight 182 was an Air India flight operating on the Montreal–London–Delhi–Bombay route. On 23 June 1985, it was operated using Boeing 747-237B registered ''VT-EFO''. It disintegrated in mid-air en route from Montreal to London, at an altitude of over the Atlantic Ocean, as a result of an explosion from a bomb planted by Canadian Sikh terrorists. The remnants of the airliner fell into the ocean approximately off the coast of Ireland, killing all 329 people aboard, including 268 Canadian citizens, 27 British citizens, and 24 Indian citizens. The bombing of Air India Flight 182 is the deadliest aviation incident in the history of Air India and was the world's deadliest act of aviation terrorism until the September 11 attacks in 2001. Investigators found the attack was a part of a larger transnational terrorist plot and had included two attempted plane bombings. The first bomb was meant to explode aboard Air India Flight 301, which was scheduled to take off fr ...
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Frank Iacobucci
Frank Iacobucci (born June 29, 1937) is a former Puisne Justice of the Supreme Court of Canada from 1991 until his retirement from the bench in 2004. He was the first Italian-Canadian, allophone judge on the court. Iacobucci was also the first judge on the Supreme Court to have been born, raised and educated in British Columbia. Iacobucci has had a distinguished career in private practice, academia, the civil service and the judiciary. Before his elevation to the nation's top court, he was a tenured professor of law at the University of Toronto Faculty of Law for eighteen years, and was appointed dean of the faculty in 1979. From 1985 to 1988, he served as the Deputy Attorney General of Canada, playing a key role in constitutional law negotiations during the Meech Lake Accord process. Prime Minister Brian Mulroney appointed him Chief Justice of the Federal Court of Canada in 1988. As a former private corporate lawyer, he is considered an expert in business and tax law. He c ...
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Louise Arbour
Louise Bernice Arbour (born February 10, 1947) is a Canadian lawyer, prosecutor and jurist. Arbour was the UN High Commissioner for Human Rights, a former justice of the Supreme Court of Canada and the Court of Appeal for Ontario and a former Chief Prosecutor of the International Criminal Tribunals for the former Yugoslavia and Rwanda. From 2009 until 2014, she served as President and CEO of the International Crisis Group. She made history with the indictment of a sitting head of state, Yugoslavian president Slobodan Milošević, as well as the first prosecution of sexual assault as a crime against humanity. From March 2017 to December 2018 she was the Special Representative of the United Nations Secretary-General for International Migration. She is currently in private practice in Montreal. Early life and education Louise Arbour was born in Montreal, Quebec to Bernard and Rose (née Ravary) Arbour, the owners of a hotel chain. She attended convent school, during which time he ...
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Canadian Charter Of Rights And Freedoms
The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the ''Constitution Act, 1982''. The ''Charter'' guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of the government. It is designed to unify Canadians around a set of principles that embody those rights. The ''Charter'' was signed into law by Queen Elizabeth II of Canada on April 17, 1982, along with the rest of the ''Constitution Act, 1982''. The ''Charter'' was preceded by the '' Canadian Bill of Rights'', enacted in 1960, which was a federal statute rather than a constitutional document. As a federal statute, the ''Bill of Rights'' could be amended through the ordinary legislative process and had no application to provincial laws. The ...
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Open Court Principle
The open court principle requires that court proceedings presumptively be open and accessible to the public and to the media. In contrast, ''in camera'' describes court proceedings where the public and press are not allowed to observe the procedure or process. Canada Purpose The virtues of openness were discussed by the Supreme Court of Canada in ''A.G. Nova Scotia v. MacIntyre'' which quoted eighteenth-century philosopher Jeremy Bentham: :In the darkness of secrecy, sinister interest and evil in every shape have full swing. Only in proportion as publicity has place can any of the checks applicable to judicial injustice operate. Where there is no publicity there is no justice. Publicity is the very soul of justice. It is the keenest spur to exertion and the surest of all guards against improbity. It keeps the judge himself while trying under trial. According to the Supreme Court of Canada in ''Vancouver Sun (Re)'', the open court principle enhances the public's confidence in th ...
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