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The Supreme Court of Canada, where the Dagenais ruling was laid down. Photo by Peregrine981.

Situations in journalism raise both legal and ethical questions. In many newsrooms, whether an action is legal is considered to be the first hurdle that any action must clear, before ethical issues are raised. Also, ethical standards such as fairness and accuracy are used in court cases to evaluate stories for libel and other legal problems.

How free is the Canadian press, legally?

From a legal perspective, the freedom of the press is guaranteed constitutionally by Section Two of the Charter of Rights and Freedoms. But the charter also states in Section One that fundamental freedoms in a democracy can be limited for justifiable reasons. Hence, press freedom is not absolute, legally.

Canada: Charter of Rights and Freedoms (1982)

Section 1: Guarantee of Rights and Freedoms The Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

Section 2: Fundamental Freedoms Everyone has the following fundamental freedoms: (a) freedom of conscience and religion; (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; (c) freedom of peaceful assembly; and (d) freedom of association.

Restrictions

In addition, there are many laws, criminal and common, provincial and federal that place legal restrictions how the press gathers information and what it publishes. Some of these laws and procedures are:

1. Court decisions involving news media, based on the Charter

2. Criminal laws: against trespass and recording communications; to force journalists to reveal their confidential sources, to appear as court witnesses

3. Restrictions on trial coverage, such as publication bans on evidence and identity of witnesses.

4. Search warrants and injunctions: warrants to search newsrooms and homes of reporters. Injunctions to stop publication.

5. Civil or non-criminal law: The main restriction is defamation law, but there is a host of other restrictions in covering family court, disciplinary tribunals and so on.

6. Restrictions on newsgathering and publication due to:

Anti-terrorism laws

Elections Act

Young Offenders Act

Privacy laws and access to information laws

Copyright law

Broadcast law and decisions of regulators

The Federal and Provincial Justice Department sites are a resource for laws, changes to laws and background on the legal system. The federal Department of Justice is at www.canada.justice.gc.ca

laws.justice.gc.ca/en/C-46/index.html