Political Science 3332F/G Lecture Notes - Lecture 2: British Columbia Civil Liberties Association, Anti-Abortion Movements, Backtracking
8 Oct 2017
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Charter only applies to government (not private entities) Case that involved the sexual abuse of boys at a catholic school by members of the clergy. At the time of the trial there was a movie from cbc about boys being sexually abused by clergymen. We need a publication ban to stop the airing of the movie until after the trial - argued it was needed for fair trial. Cbc argued the ban by the courts violates the freedom of expression rights in the charter sec. According to dolphin you can"t apply the charter against the courts only gov. Court orders can be subject to charter scrutiny this is what happened in dagenais. We need to distinguish court orders during a trial vs. the actual judicial decision the court gives a the end common law. Body of binding legal principles that have been created by judges than elected legislators (judge made law) charter rights/charter values public/private distinction.
