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The Supreme Court permitted a 15-year-old cyberbullying victim to proceed anonymously, but refused a publication ban on non-identifying Facebook content.
The Chambers judge's interlocutory discretionary refusal to grant anonymization and a partial publication ban was correct and must be reviewed with deference; applying CPR 85.04 and the Dagenais/Mentuck framework the appellant failed to adduce evidence showing a real, substantial and wellâgrounded risk of serious harm that could not be prevented by reasonable alternatives; parens patriae was not engaged; anonymity and a publication ban are incompatible with the public and procedural character of a defamation action where openness and the press's Charter rights prevail absent compelling evidenâŚ
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The motion was dismissed because the Crown specifically identified that the affidavit contained confidential information relating to an ongoing criminal investigation, disclosure outside investigative ranks risked compromising the investigation (including indirect effects), and the sealing order was temporary (three months), so a short delay in public access justified continued sealing.
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The Supreme Court dismissed a journalistâs appeal from an order compelling testimony before a labour board, holding she had no privilege on these facts and no s. 2(b) breach was shown.
The Supreme Court of Canada dismissed an appeal over a newspaperâs refusal to publish a classified ad for a homosexual publication, holding the Human Rights Code did not compel acceptance.
The Supreme Court of Canada restored a libel judgment for Morris T. Cherneskey, holding the fair comment defence was unavailable on the evidence.
The Court held that Quebec City By-law 184 could not validly be applied to stop a Jehovahâs Witness from distributing religious writings in the streets.
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