JOUR 3333 Chapter Notes -Sub Judice, Publication Ban

34 views2 pages
15 Nov 2011
Chapter 8 Notes: Contempt of Court
Only common law [p.9-10 judge-made law, embodying legal precedents that
the courts have developed over hundreds of ears, as opposed to written
statutes] still in force in Canada is the power to cite for contempt; Section 9 of
the Criminal Code
Ex. Violating a publication ban
Ex. Of contempt – suggestion someone is guilty before a court passes judgment
Contempt – any act done or writing published calculated to bring a court or judge of the
Court into contempt, or lower his authority/calculated to obstruct or interfere with the due
course of justice or the lawful process of the courts
Publication Contempt – Indirect/external acts of contempt through the publication of
information that is not part of a court proceeding or attacks the character of a participant
in a legal action
Two Kinds:
1. Sub judice rule – Duty to ensure that published accounts of cases do not misrepresent
the proceedings or prejudice the parties involved until the case has been adjudicated
To be contemptuous, BC’s Court of Appeal has stressed, a publication must
“present a real risk, as opposed to a mere possibility of interference with the due
administration of justice
2. Scandalizing the courts – Courts have considered it a contempt to publish comments
that may undermine the reputation of an individual judge or court that could erode public
confidence in the fairness of the entire justice system.
Not designed to protect judges from scrutiny, rather to “prevent interference with
the due course of justice and to prevent suitors from having their confidence
shaken or destroyed.”
The writer’s risk of committing an act of contempt arises only when a live case is under
the jurisdiction of a court. In criminal cases, the sub judice rule comes into play the
moment an individual is accused of a specific offence.
Defamation – writing about allegations of the wrongdoings that involve the reputation of
an individual
Right to sue if no charges are laid or the allegations turn out to be false
Journalists should endeavor to distance the person accused of the crime from the crime
The accused person should be identified in a separate paragraph, and is typically
described as charged “in connection” with the incident or as the person “alleged”
to have committed the offence.
Unlock document

This preview shows half of the first page of the document.
Unlock all 2 pages and 3 million more documents.

Already have an account? Log in

Get OneClass Notes+

Unlimited access to class notes and textbook notes.

YearlyBest Value
75% OFF
$8 USD/m
$30 USD/m
You will be charged $96 USD upfront and auto renewed at the end of each cycle. You may cancel anytime under Payment Settings. For more information, see our Terms and Privacy.
Payments are encrypted using 256-bit SSL. Powered by Stripe.