Hyde (Re)

Hyde (Re)

Because webcasting of the Inquiry is not constitutionally mandated under s.2(b) and media have no constitutional right to require webcasting, the Attorney General is not obliged to give formal notice to the media of an application to limit webcasting; incidental knowledge via existing live streams is not equivalent to formal notice and the Inquiry may consider the application without hearing from the media.

Citation
2009 NSPC 37
Parties
Applicant (seeking Limitation on Webcasting): Attorney General of Nova Scotia; Tribunal/inquiry: Provincial Court Fatality Inquiry (Re: Howard Hyde); Deceased/subject of Inquiry: Howard Hyde; Interested Parties: Joanna Blair and Dr. Hunter Blair; Interested Party (raising Security Concerns): Nova Scotia Government Employees' Union; Interested Party (reservation of Rights Re Evidence): Halifax Regional Police Service; Interested Party: Capital District Health Authority; Interested Party: Dr. Janet MacIntyre; Interested Party: Dr. Stephen Curry; Interested Party: Schizophrenia Society of Nova Scotia; Interested Party: Canadian Mental Health Association
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
24 July 2009
Procedural Posture
Inquiry Under the Fatality Investigations Act / Pre Hearing Determination on Whether Formal Media Notice Is Required for an Anticipated Attorney General Application to Limit Webcasting of Video Evidence
Outcome
The Court held that the Attorney General of Nova Scotia is not required to provide formal notice to the media of the pending application to limit webcasting and will consider the application without hearing from the media.
Legal Topics
Freedom of Expression (s.2(b) Charter), Open Court Principle, Media Notice and Standing, Webcasting of Court Proceedings, Privacy and Security of Surveillance Footage, Dagenais/mentuck Test
Source Language
English
Constitutional Law Administrative Law Media Law Privacy Law Evidence Law Freedom of Expression (s.2(b) Charter) Open Court Principle Media Notice and Standing +3 more

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Parties

Attorney General of Nova Scotia

Applicant (seeking Limitation on Webcasting)

Provincial Court Fatality Inquiry (Re: Howard Hyde)

Tribunal/inquiry

Howard Hyde

Deceased/subject of Inquiry

Joanna Blair and Dr. Hunter Blair

Interested Parties

Nova Scotia Government Employees' Union

Interested Party (raising Security Concerns)

Halifax Regional Police Service

Interested Party (reservation of Rights Re Evidence)

Capital District Health Authority

Interested Party

Dr. Janet MacIntyre

Interested Party

Dr. Stephen Curry

Interested Party

Schizophrenia Society of Nova Scotia

Interested Party

Canadian Mental Health Association

Interested Party

Procedural Posture

Inquiry Under the Fatality Investigations Act / Pre Hearing Determination on Whether Formal Media Notice Is Required for an Anticipated Attorney General Application to Limit Webcasting of Video Evidence

Legal Issues

  1. 1 Whether the Attorney General must provide formal notice to media before applying to limit webcasting of video surveillance evidence
  2. 2 Whether media have a section 2(b) Charter right to require or compel webcasting of proceedings
  3. 3 Whether the absence of a constitutional entitlement to webcasting defeats media standing and notice entitlement

Ratio Decidendi

Because webcasting of the Inquiry is not constitutionally mandated under s.2(b) and media have no constitutional right to require webcasting, the Attorney General is not obliged to give formal notice to the media of an application to limit webcasting; incidental knowledge via existing live streams is not equivalent to formal notice and the Inquiry may consider the application without hearing from the media.

Court Disposition

The Court held that the Attorney General of Nova Scotia is not required to provide formal notice to the media of the pending application to limit webcasting and will consider the application without hearing from the media.

Orders

  • No requirement that the Attorney General give formal notice to media of the application to limit webcasting of CNSCF video surveillance
  • The Inquiry will proceed to consider the Attorney General's application on the filed materials without media participation on the notice issue