Final Law Exam Notes PDF

**[Chapter 1 - Freedom of Speech ]** **Libel:** a defamatory statement made in permanent form via print, writing, pictures, or signs *[The Press in the 20th and 21st Centuries]* **20th Century**: - - - **Today**: - - **Ultra vires:** beyond the power of a level of government or a...

**[Chapter 1 - Freedom of Speech ]** **Libel:** a defamatory statement made in permanent form via print, writing, pictures, or signs *[The Press in the 20th and 21st Centuries]* **20th Century**: - - - **Today**: - - **Ultra vires:** beyond the power of a level of government or a corporation *[Defining the Scope of Free Speech]* **U.S. Perspective**: Rooted in the First Amendment, which broadly protects speech and the press, with courts providing strong protections against restrictions that inhibit news publication. **Canadian Perspective**: Anchored in the Charter of Rights and Freedoms (Section 2(b)), which guarantees \"freedom of thought, belief, opinion, and expression, including freedom of the press and other media of communication.\" Canadian courts have interpreted this to encompass diverse forms of expression, from traditional print to emerging digital media. *[Political Expression]* - - - - *[Commercial Expression]* - - - *[Obscenity and Child Pornography]* - - *[Hate Propaganda]* Speech promoting hate against identifiable groups may be restricted. - - - *[Freedom of Expression and the Media]* #### **Media\'s Role in Democracy** - - - *[Broadcast Restrictions and the Role of the Canadian Radio-television and Telecommunications Commission]* **CRTC Regulations**: - - - *[Human Rights Commissions and Freedom of Expression]* The Canadian Human Rights Act protects minorities from hate speech. While media outlets may be investigated, the focus is on the person or group making the statement, not the messenger. The laws target extreme, racist expression, not everyday stereotypes. #### **Canadian Human Rights Act** - *[The Canadian Human Rights Act]* - - *[Provincial and Territorial Codes]* Provincial codes prohibit discriminatory publications but focus on extreme cases, avoiding undue restrictions on journalists. - - - *[Open Courts]* - - - *[The Media as Watchdog]* - - - - - *[Limits on Openness]* - *[The Proper Administration of Justice]* - *[Privacy Rights]* - - **Administration of justice:** the court process of doing justice to parties and upholding legal rights *[The Right to a Fair Trial]* Publication bans prevent media influence on jurors and protect trial impartiality. - - *[Balancing Rights: The Dagenais Ruling]* **Revolutionary Impact**: - - **Broader Application**: - **A publication ban should only be ordered when:** - - *[Applying Dagenais]* - **Dagenais test:** The Canadian Supreme Court\'s Dagenais v Canadian Broadcasting Corp test states that a publication ban should only be imposed if no other measures prevent serious risks to interests or fairness. **[Chapter 2 - Defamation]** *[What Is Defamation?]* Commonly known as *libel*, is a civil tort law that protects individuals\' reputations from unjustified allegations or criticisms. **Key Points**: - - - *[What Statements Can Be Defamatory?]* Any published or broadcast statement capable of damaging a person or company's reputation may be defamatory. - - - *[Allegations of Criminal Conduct]* - - - *[Loaded Words]* - *[Innuendo]* **Definition**: *Innuendo* -- seemingly innocent words take on defamatory meaning through context or arrangement. - **Innuendo:** an indirect method of stating or writing defamatory material in which seemingly innocent words take on a libellous meaning from their arrangement or context *[Who Can Be Defamed?]* **Identifiable Individuals**: - - **Companies and Organizations**: - - **Members of Groups**: - **Fictional Characters**: - **Public Figures and Politicians**: - - *[Governments Cannot Sue]* - - *[Who Can Be Sued?]* **Content Creators**: - - **Republishers**: - - **News Organizations and Journalists Who Quote a Defamatory Statement** - *[What Kinds of Published Material Can Defame?]* **Print Copy and Newscasts** - **Headlines and Photo Captions** - **Images, Graphics, and Other Elements** - **Juxtaposed Words and Images** - **Advertisements** - *[The Three Elements of a Libel Suit]* - 1. 2. 3. Once the plaintiff has established all three elements of a case, the law assumes that they have suffered harm and the burden shifts to the defendant to prove that the allegations are true or are protected by one of the other defences to libel. *[Notices of Action, Retractions, and Apologies]* #### **Notices of Action** **Purpose**: Provincial and territorial defamation statutes require the plaintiff (the person claiming defamation) to formally notify the media or defendant of their intention to sue. **Process**: - - **Benefits**: Provides a cooling-off period for both parties, often preventing lawsuits through negotiations or corrective measures. #### **Retractions and Apologies** **Retraction**: A statement issued by the media outlet retracting the disputed content. **Apology**: - - **Strategic Use**: - - **Statutory Requirements**: - - *[Injunctions to Prevent Publication or Broadcast]* - - *[Damage Awards]* Judges and juries can award damages under many categories **Special damages:** civil damages that cannot be presumed from a wrongful act but are quantifiable---for example, out-of-pocket expenses or lost earnings **General damages:** damages awarded for losses that the law presumes to be the natural and probable consequence of a wrong; general damages consider such things as pain and suffering or loss of reputation **Aggravated damages:** damages awarded in civil cases where a defendant has been subjected to humiliation, distress, or embarrassment **Punitive damages:** damages awarded in civil cases to punish a defendant whose actions have been found to be malicious or high-handed; also known as exemplary damages - - - - - *[Criminal Libel]* **Definition**: A defamatory publication designed to harm reputation or incite hatred, contempt, or ridicule. - - **Seditious Libel**: Advocating force to overthrow the government; rarely invoked and must prove intent to incite unrest. - - **[Chapter 3 - Defences to Defamation]** **Truth or Justification** **Definition**: Truth is a complete defence to libel. If the defamatory statements are true, there is no liability. **Challenges in Proving Truth**: - - - - **Key Considerations**: - - - *[Fair Comment]* **Definition**: Protects opinions expressed on matters of public interest, provided they are based on fact and not malicious. **Criteria for Fair Comment**: 1. 2. 3. 4. **Limits**: - - **Applications**: - - **Fair comment:** a defence to a defamation action in which the defendant argues that the comment made was based on fact; for the defence to succeed, the facts upon which the comment is based must be true and the comment must be fair **Reviews** - **Satire, Parodies, Jokes, and Cartoons** - - **Qualified Privilege** **Definition**: Allows media to report defamatory statements made in privileged forums (e.g., legislative debates, court hearings) if done fairly and accurately without malice. **Absolute Privilege**: - - **Qualified Privilege**: - - **Privileged Forums**: - - - **Privileged Documents**: - - - - **Responsible Communication on Matters of Public Interest** **Definition**: Protects journalists reporting on matters of public interest, even if defamatory, provided their reporting is responsible. **Criteria**: 1. 2. 3. 4. **Additional Safeguards**: - - - [Any other relevant circumstances] *[Duty to Report]* - *[Consent]* - **Definition**: If the plaintiff consents to the publication of defamatory information, they cannot later sue for defamation. **Key Points**: - - - #### **Satire, Parody, and Reviews** - - - - - *[Libel-Proofing the Story]* **Avoiding Libel Chill** - *Libel chill*: Threats of lawsuits used to silence media or critics. - **Risk Management**: - - **Libel chill:** the practice of using a threat to sue for libel to silence critics or to squelch media coverage **[Chapter 4 - Liable ]** *[Digital Publication: The Libel Risks]* Digital journalists face the same risks and protections for defamation as traditional media journalists. - - **Citizen Journalists**: Held to similar standards as professional journalists, with evolving norms for new media. *[Blogs, Tweets, and Social Media Posts]* - - - Journalists should only publish material online if they would be comfortable publishing the same material in the traditional news media. **Cyber libel:** A damaging, untrue statement about an identifiable person or company that is distributed via email or posted to the Internet in any form, including in an online news report, a blog, a chat room message, or a post on a personal website or via social media *[Comments Posted to News Media Sites]* - Anonymous web posters can still be liable for defamation: - - **News Outlets**: - - - *[Hypertext Links to Defamatory Material]* **Key Case**: A hyperlink itself is not defamatory but may constitute *republication* if: 1. 2. 3. - - - *[Email Messages]* Defamatory emails addressed to at least one recipient are published by law. - - **Forwarding Liability**: - - **Deliberate Defamation**: Intentional use of email to defame someone can result in significant damages. *[Newsgroup and Listserv Postings]* Postings in electronic bulletin boards, newsgroups, or listservs must meet the same standards as traditional publications. **Best Practices**: - - *[Retractions and "Unpublishing"]* - Online publications: have the flexibility to remove (or "unpublish") an offending item almost instantly and can promptly post a correction, a retraction, or an apology. **Steps to Mitigate Damages**: 1. 2. 3. 4. *[Where Will a Defamation Action Be Heard?]* The target of a defamatory comment disseminated over the Internet may be tempted to pursue lawsuits in several jurisdictions at once or to sue in a country where the law is favourable to a plaintiff's case. **Libel Tourism**: - - **Key Consideration**: - *[Damages and Other Remedies]* - **Internet Impact**: - - **Remedies**: - - **[Chapter 5 - Freedom of Information]** *[The Federal Access to Information Act]* - **Purpose**: Grants the public the right to access records held by federal institutions while balancing transparency with specific exemptions. **Guiding Principles**: 1. 2. **Court Interpretation**: Access is the norm; exemptions are exceptional. 2010 - - *[Records Available]* **Access** Can be sought to a wide range of records - The Act's broad definition of a record - **institutions Covered**: - - - - *[Departments and Agencies Covered]* The Act - - - *[Agencies Not Subject to the Act]* Does not apply to records held in the offices of the Prime Minister, members of Parliament, and Cabinet ministers. - **The federal government** - The advocacy group Canadian Journalists for Free Expression - - *[Information Exempt from Disclosure]* **Cabinet Records** Protected for 20 years, covering agendas, minutes, recommendations, and discussion papers. **Exceptions**: Papers may be released after 4 years if the decisions have not been made public. - - - **Published Information** does not apply to information that - - - - **Mandatory Exemptions:** The Act designates three categories of information that the government must not release except under certain conditions. [1. Business and Third-Party Records] Information submitted to the government - - - - These records can be made public, however, if the third party does not oppose their release. - **an access request** - **Corporations** - [2. Government Confidences] **Ottawa** is bound to protect the secrets of other governments must withhold information received in confidence from - - - [3. Personal Privacy] Citizen records (e.g., race, religion, medical history) are protected. - The Act - - Individuals who work for the government under contract and those who receive grants, licences, or permits also waive their right to privacy. *[Discretionary Exemptions]* Other categories of records - **Include records involving:** - - - - - - - **Disclosure of Edited Documents** record contains information that falls within an exemption - *[How to Apply for Access]* Canadian citizens or permanent residents can apply for access to record - The application - - Applicants - *[Fees]* **Application**: \$5 per request. "Alberta \$25" - *[Time Limits for Response]* A gencies must respond within 30 days. Extensions may be granted for: - - *[Reviews and Appeals]* - **Initial Refusal**: Applicants can appeal decisions to the **Information Commissioner of Canada**. **Information Commissioner**: - - **Further Appeals**: - - **Access coordinators:** officials of a government agency or other public body who process freedom-of-information requests for access to records *[Provincial, Territorial, and Municipal Freedom-of-Information Laws]* **Public Bodies Covered** freedom-of-information laws. - - - The records of most municipal governments are also accessible either under the provincial law or separate access legislation **Records Available** - - **[Chapter 6 - Law]** **Purpose of Laws**: - - *[The Two Branches of Law]* #### **[Criminal Law]** #### **Definition**: - #### A crime is an act or omission causing harm to persons, property, or societal standards. - #### Crimes are offences against the public good, prosecuted by the state (the Crown). - #### **Standard of Proof**: Beyond a reasonable doubt---judges/juries must be sure of guilt to convict. Parties: - - - - - #### **Key Elements**: - #### Criminal law is codified in the Criminal Code (established 1892, updated regularly). - #### Penalties include fines, probation, community service, or imprisonment. - #### Serious offences are punished more severely (e.g., life sentences for violent crimes). #### **Definitions**: - #### Crime: An offence against public good; punishable by law. - #### Standard of proof: Degree of certainty required for conviction (criminal: beyond a reasonable doubt). #### **[Civil Law]** **Definition**: - - The courts needs to be convinced that the claim is *probably* true; better than 50-50; *a preponderance of evidence---*met when the plaintiff convinces the court there is a \>50% chance the claim is true **Key Elements**: - - **Definitions**: - - - *[The Constitution and the Charter of Rights and Freedoms]* #### **The Constitution Act (1982):** - - - #### **Division of Powers:** - - - - - - - #### **The Charter of Rights and Freedoms:** - - **Plaintiff:** the person who brings a lawsuit against a defendant or respondent; also known as a claimant, a petitioner, or an applicant **Money/damages:** compensation ordered by a court to someone injured or suffering a loss through another's fault or negligence **Defendant:** The person, company, or oginazation that defends a civil action taken by the plaintiff; also a person facing criminal charges **Injunction:** a court order prohibiting a party from doing something (restrictive injunction) or compelling them to do something (mandatory injunction) **Intra vires:** within the power of a level of government or a corporation **Ultra vires:** beyond the power of a level of government or a corporation **Conventions:** in constitutional law, unwritten practices or customs that have become enshrined as a form of law *[Legislation]* Statutes written laws passed by the legislative branch to govern matters within their jurisdiction **Process**: - - - - Both the federal and provincial/territorial levels of government have the power to create and impose laws, known as statutes, to govern matters within their jurisdictions. **Statutes:** written laws passed by the legislative branch of government; also known as legislation **Bills:** drafts of proposed statutes or laws **Acts:** bills that have passed through the required legislative steps and have become law; synonymous with statutes and legislation **Regulations**: another form of legislation, are created under the authority of a statute. - - *[Judge-Made Law]* **The Common Law** - - - - - - #### #### **Principles of Equity:** - #### Justice based on fairness; ensures remedies exist for all wrongs. - #### Litigants must act honorably (e.g., \"clean hands doctrine\"). - **Regulations:** detailed laws created by Cabinet under the authority of a statute **orders in councilL** government (Cabinet) orders of a legislative nature that create regulations, make appointments to public office, or implement government policies **By-laws:** see ordinances **Ordinances:** local laws passed and enforced by a municipal government; another term for by-laws **Common law:** judge-made law, embodying legal precedents that the courts have developed over hundreds of years, as opposed to written statutes **Precedents:** court decisions that set out legal principles or serve as examples or authorities for future cases that deal with similar legal issues; precedents allow people to have a reasonable expectation of the legal solutions that apply to a given situation **Stare decisis:** to abide by, or adhere to, decided cases; a basic principle of the common law that, once a precedent has been set, the courts will apply it in similar cases **Distinguish:** to point out an essential difference between cases to prove that a case introduced to the court as a precedent is, in fact, inapplicable **Principles of equity:** justice administered according to fairness, as opposed to the common law *[Structure of the Courts]* The federal government oversees superior jurisdiction courts in Canada, including the Supreme Court, appeal courts, and trial courts in each province or territory. - - #### **[Supreme Court of Canada]** **Role**: The highest appellate court in Canada, hearing cases in criminal, civil, constitutional, and administrative law. **Jurisdiction**: Reviews decisions from provincial/territorial courts of appeal, the Federal Court, and the military justice system. **Composition**: Nine judges (1 Chief Justice, 8 others), with at least three from Quebec. Remaining seats are regionally balanced: three from Ontario, two from Western Canada, and one from Atlantic provinces. **Judges**: Often promoted from superior or appellate courts. **[Provincial/Territorial Superior Courts]** **Structure**: - - **Court of Appeal**: - - - **Jurisdiction**: - - **Inherent Jurisdiction**: The ability to address any case not explicitly assigned to a lower court. **[Inferior Courts]** **Role**: Entry-level courts handling less serious matters and provincial/territorial laws. **Responsibilities**: - - - **Inherent jurisdiction:** A broad idea that gives a court the power to run its own processes and procedures, which it may do when it seems fair or reasonable to do so. **[Federal Courts]** **Jurisdiction**: - - **Role**: Reviews decisions made by federal boards, commissions, and tribunals. **[Military Courts]** **Purpose**: Try individuals under the military's *Code of Service Discipline*. **Applicability**: Covers Canadian Armed Forces members and civilians accompanying them on missions. **Serious Offences**: Cases involving murder, manslaughter, or sexual assault committed in Canada are tried in civilian courts. **Appellant:** the party appealing a case from a lower court to a higher court - **Respondent:** the party responding to a plaintiff's claim filed in court (usually referred to as a "defendant" also the party who wins at the first court level but has to respond to an appeal launched by the appellant *[In the Courtroom]* **Judges and Judicial Independence** **[Judge]** - - **Responsibilities**: - - - - **Judicial Independence**: - - - **[The Jury]** - - **Structure**: - - - - - **Selection Process**: Crown and defence lawyers may reject potential jurors during selection without providing reasons. **Purpose**: - - **Trier of fact:**the party or parties obliged to make findings of fact; a jury or the judge in a non-jury trial **[The Crown Attorney]** Public prosecutors in Canada who perform the majority of criminal prosecutions - **Responsibilities**: 1. 2. 3. **Employment**: - - **Scope**: - - **Counsel for Plaintiffs and Defendants** - - **Responsibilities:** 1. 2. 3. **Public Perception:** - - **Legal Aid:** - **[Chapter 7 - Crime ]** *[What Is a Crime?]* A crime is an act or omission that causes harm to individuals, property, or societal norms and is prohibited and punishable under law. **Actus Reus (Guilty Act)**: - - - - - **Mens Rea (Guilty Mind)**: - - - - - - #### **Inflicting Harm** - - ### **Burden of Proof** - - - - - - *[Who Can Be Charged with a Crime?]* #### **Eligibility for Charges** - - - #### **Parties to an Offence** - - - - - 1. 2. 3. - - - *[Defences]* The **Criminal Code** provides several defences that, if accepted by the court, may: 1. 2. #### **Examples of Defences** 1. - 2. - Terms: **Actus reus:** Latin for "guilty act"; the essential element of a crime that must be proven to secure a conviction; almost always an act, but it can also be an omission to act **Mens rea:** Latin for "guilty mind"; another element for criminal responsibility; many serious crimes require the proof of mens rea before a person can be convicted **Party:** a person whose name is designated on record as a plaintiff or defendant; also a person who has taken part in a transaction such as an agreement or a contract **Abet:** the act of encouraging, inducing, counselling, or inciting another to do a certain thing, usually a crime **Counsel:** in a criminal context, the offence of a person who procures a criminal act performed by someone else---that is, counsels someone to commit a crime **Accessory:** someone who contributes to, or aids in, the commission of a crime *[Categories of Offences]* All crimes are not created equal. In Canada, there are three categories of offences: summary conviction, indictable, and hybrid. **Summary Conviction** **Definition**: The least serious crimes under Canadian law. **Examples**: - - - - - **Workload**: These offences make up a significant portion of criminal court cases. **Maximum Penalty**: - - **Indictable** **Definition**: The most serious crimes, requiring more formal court procedures and offering the accused additional rights, such as a jury trial. **Examples**: - - - - - - **Penalties**: - - **Special Rights**: Persons charged with indictable offences have the right to a trial by jury. **Hybrid** **Definition**: Crimes that can be prosecuted either as a summary conviction or as an indictable offence, depending on the Crown's decision. **Key Points**: The **Crown attorney** decides whether to proceed: - - **Examples**: Commonly include crimes like assault causing bodily harm, theft over \$5,000, or impaired driving causing harm. **Type** **Seriousness** **Penalty** **Examples** **Trial Rights** ------------------------ ----------------- --------------------------------- ------------------------------------------------- --------------------------- **Summary Conviction** Least serious \$5,000 fine, 6 months in jail Shoplifting, vandalism, minor theft No jury trial **Indictable** Most serious Heavy fines, 2 years to life Murder, armed robbery, drug trafficking Right to jury trial **Hybrid** Varies Depends on prosecution decision Assault causing bodily harm, theft over \$5,000 Depends on Crown's choice **Manslaughter:** A homicide committed without the intent to kill **Summary conviction offences:** less serious criminal offences; both the procedure and the punishment for summary conviction offences tend to be less onerous than for indictable offences **Indictable offences:** more serious offences than those that can proceed by summary conviction; often tried by a jury **Hybrid offences:** crimes that can be treated as either summary conviction offences or indictable offences; the Crown attorney decides how to treat these crimes *[Arrest and Police Powers]* **Citizen's Power of Arrest**: - - - - #### **Criteria for Arrest** - - - - - #### **Search and Seizure** - - - - 1. 2. - - - *[Legal Rights of Accused Persons]* #### **Principles of Legal Rights** - #### Designed to balance the unequal contest between the **state** and the **accused**, particularly for individuals with limited resources. - #### Ensure fair treatment and prevent abuse of power by authorities. #### **Key Rights (Charter and Common Law Protections)** 1. - 2. - 3. - 4. - ### ### **Purpose of Safeguards** - - **Indictment:** a formal document, drafted after the preliminary hearing stage of a criminal case, outlining the indictable offence(s) an accused person will face at trial **Information:** the document that sets out the allegations in a criminal case **Due process:** the normal course of events in the administration of justice in which the legal rights of litigants and persons accused of crimes are upheld and respected *[Presumption of Innocence and Burden of Proof on the Crown]* - *[The Right to Silence]* The right to silence ensures that defendants are not compelled to explain or justify their actions during any stage of prosecution. **Legal Protections**: - - **Optional Statements**: - *[The Right to a Fair Trial]* - *[Evidence]* **Direct Evidence**: - - **Circumstantial Evidence**: - - **Introduction of Evidence** - - - - - - - - #### **Hearsay Rule** Second-hand information---what a witness overheard others say about the crime or the accused. **Admissibility**: - - #### **Self-Incrimination and Testimony** - - - **Open justice:** a presumption in both civil and common law jurisdictions that court hearings are open to the public and media **Direct evidence:** evidence in the form of testimony from a witness who relates what they personally saw, heard, or experienced **Circumstantial evidence:** indirect evidence that links a person to the scene of a crime or creates an inference that the person was involved **Hearsay:** evidence of what someone else heard or witnessed and generally not admissible in court; also known as second-hand evidence *[Procedure in Criminal Cases]* When a person is charged with a crime, they are brought before a judge, and the courts assume control of the process. *[Arraignment]* **Arraignment:** An accused person's first appearance in court to answer to criminal charges - *[Disclosure of Crown Evidence]* Before the accused person enters a plea or chooses a court for trial, the Crown must disclose the evidence that the police have gathered. - *[Election and Plea]* - **Adjournment:** the suspension of a trial, either for a fixed period of time or indefinitely **Plea:** the formal response of an accused person (guilty or not guilty)---or one made on behalf of the accused---in a criminal prosecution **Election:** for certain offences, an accused person's choice to be tried by a judge and jury or by a judge alone *[Release Before Trial]* After arrest and being charged, a decision is made on whether the accused should remain in custody or be released until the trial. - - - - - - *[Show Cause (Bail) Hearings]* A hearing to determine if an accused should be granted bail (judicial interim release). **Timing**: - **Presumption of Innocence**: - 1. - - 2. - - 3. - - - - 4. - ### **Conditions of Release** Release may be granted with or without conditions: **Examples of Conditions**: - - - **Monetary Requirements**: Accused may need to deposit money or provide a bond as security for release. - - **Undertaking:** a promise or stipulation in legal proceedings that creates an obligation **Bail:** in criminal law, a court's release of a person being held in custody on criminal charges; also known as a judicial interim release **Surety:** security in the form of money or property that supports someone's release on bail; it is forfeited to the Crown if the accused person fails to appear in court *[Preferred Indictments]* - **Plea negotiation:** agreement between the Crown and defence on a charge to which the accused will plead guilty or on the sentence to be recommended to the judge; also known as plea bargaining **Preliminary hearing:** the hearing before a provincial or territorial court judge to determine whether there is enough evidence to send an accused person to trial **Committal:** a judge's referral of a case to trial following a preliminary hearing **Discharge:** a court order ending a prosecution at the preliminary hearing stage if there is not enough evidence to warrant a trial; also a form of sentence that leaves an offender without a criminal record **Preferred indictment:** a procedure that enables Crown prosecutors to bypass the preliminary inquiry and take a case directly to trial or to reinstate the prosecution of an accused person who was discharged at a preliminary hearing **Pre-Trial Motions** - **The Trial** Trial Processes at Different Court Levels - - - - *[Withdrawing and Staying Charges]* The Crown can withdraw charges or offer no evidence at any point during the case. **Process**: - - **Reasons for Withdrawal**: - - - **Finality**: Once charges are withdrawn, they cannot be revived. **Staying Charges**: Section 579 of the *Criminal Code* grants the Crown the power to **stay a prosecution** (put it on hold). **Duration**: - **Outcome**: - ### **Judicial Stay of Proceedings** **Definition**:A judge may stay a prosecution to permanently halt the case. **Grounds for a Judicial Stay**: - - **Finality**: A judicial stay is permanent unless overturned by an appellate court. *[The Crown's Case]* #### **Order of Proceedings** 1. - - 2. - - 3. - - - - *[The Case for the Defence]* #### **Defence Options** 1. - - 2. - - #### **Prima Facie Case** Evidence presented by the Crown is sufficient, on its face, to meet the burden of proof beyond a reasonable doubt. - - **Stay of proceedings:** Crown attorneys can issue a stay to temporarily halt a criminal prosecution for up to one year due to legal process abuse. **Directed verdict:** a situation in which a judge instructs a jury as to what its verdict must be; usually arises when the party with the burden of proof fails to present a prima facie case **Prima facie case:** a case supported by evidence sufficient, on its face, for it to be taken as proven in the absence of defence evidence to the contrary *[Voir Dire Hearings]* **Definition**: A \"trial within a trial\" to address legal disputes during a trial. **Purpose**: - **Procedure**: - - **Voir dire hearing:** a trial within a trial, usually on the admissibility of contested evidence; in jury trials, juries are excused during a voir dire *[Rebuttal Evidence]* **Crown's Right**: - **Limitations**: Rebuttal evidence cannot repeat earlier points but must address issues specifically raised by the defence. **Defence's Right**: - *[Mistrials]* **Definition**: Declaring the trial invalid due to procedural issues that compromise fairness. **Reasons for Mistrial**: - - **Outcome**:The accused must undergo a new trial with a different jury unless the prosecution drops the charges. *[Closing Arguments and Charge to the Jury]* - - **Charge to the Jury:** - - **Mistrial:** an order ending a trial when the accused person's right to a fair trial has been compromised; the Crown has the right to put the accused person on trial before a new judge or jury *[Verdict]* **Role of Judge/Jury:** **Fact-Finding**: Assess witness credibility and decide which version of events is truthful. - **Judge's Verdict (No Jury):** - - **Jury Verdict:** - **Closing argument:** a speech analyzing the evidence and suggesting how it supports the accused person's guilt or innocence **Charge to the jury:** the final address by the judge to a jury before a verdict is delivered; the judge sums up the case and instructs the jury as to the rules of law applicable to various issues **Finding the facts:** a conclusion reached by a court after due consideration; a determination of the truth after considering statements from opposing parties at trial *[Sentencing and Parole]* When an accused pleads guilty or is convicted, the judge is responsible for imposing a sentence that aligns with the *Criminal Code*. **Maximum Sentences**: - - - - - - - #### **Factors Considered in Sentencing** 1. - 2. - 3. - - - - - #### **Sentence Determination Process** 1. - 2. - 3. - 4. - - 5. - #### **Types of Discharges** - - - - ### **Parole** Parole provides conditional release from custody, balancing public safety with rehabilitation. #### **Federal Custody** **Jurisdiction**: - **Parole Board of Canada**: - #### **Parole Eligibility** 1. - 2. - #### **Conditions of Parole** Offenders on parole must comply with specific conditions, such as: - - - **Restitution:** the act of restoring something to its owner, or the act of making good **Probation:** a form of punishment in which a judge orders a person to report regularly to a probation officer and to observe conditions, such as abstaining from alcohol **Suspended sentence:** a sentence that is not imposed; instead, the offender is placed on probation; failure to abide by the conditions of probation may lead to the sentence being imposed **Conditional sentences:** sentences served in the community that are subject to conditions (often referred to as house arrest); if the conditions are not met, the offender may be jailed *[Sentencing of Indigenous Offenders]* #### **Background** - - #### **The Gladue Decision (1999)** - - - - - - - *[Alternative Sentencing]* #### **Diversion Programs** - - - - #### **Restorative Justice Programs** - - - - - - *[Appeals]* Appeals ensure fairness and correct errors in the justice system, acknowledging human mistakes and lapses in judgment. - - - #### **Appeal Process** - - 1. 2. 3. **Diversion programs:** a form of sentencing under which first-time offenders who plead guilty are dealt with and punished outside the normal court process **Restorative justice programs:** programs that enable the victim of a crime, the offender, and members of the community to discuss an appropriate sentence for the offender; commonly used for young offenders *[The Civil Law]* **Redress for Injuries or Losses**: Civil courts provide remedies for harm suffered by individuals or corporations due to accidents, business disputes, or malicious acts that do not constitute crimes. Profile of Civil Cases **Low Media Attention**: Most civil cases are private matters of little public interest. **Notable Exceptions**: Cases involving **high-profile litigants**, **controversial issues**, or those that may redefine the legal rights of citizens, such as rulings on **medical assistance in dying**. Blurring the Lines Between Civil and Criminal Law **Restitution in Criminal Cases**: - **Punitive Damages in Civil Cases**: - *[Torts]* A wrongful act or omission causing harm to another party. - - - - **Plaintiff:** the person who brings a lawsuit against a defendant or respondent; also known as a claimant, a petitioner, or an applicant **Defendant:** the person, company, or organization that defends a civil action taken by the plaintiff; also a person facing criminal charges **Finding:** the result of a court's or jury's deliberations [Several major types of tort exist. ] **Torts Overview** **Nuisance:** Claims against interference with property rights, such as damages or injunctions against disruptive noise or odour. **Battery:** Tort of assault, allowing damages for actions supporting criminal prosecution. **Defamation:** Direct impact on writers and their work, allowing alleged reputation damage. *[Contracts]* An agreement that creates legally enforceable obligations binding the parties involved. - - - #### **Forms of Contracts** - - - - *[Remedies]* 1. - - 2. - - 3. - #### #### **Other Court Orders** 1. - 2. - - 3. - - **Nuisance:** excessive or unlawful use of one's property that causes inconvenience to neighbours or the general public; nuisance is a tort **Battery:** intentional, wrongful physical contact with a person without their consent; battery is a tort **Defamation:** a tort arising from a false or malicious attack on the reputation of a person; an intentional false communication, either published (libel) or publicly spoken (slander) **Negligence:** the tort of neglecting to do something that a reasonable and prudent person would do or doing something that a reasonable and prudent person would not do **Contract:** a legally binding agreement between parties obliging each party to do or not do a certain thing **Damages:** compensation ordered by a court to someone injured or suffering a loss because of another's fault or negligence **specific performance:** a court order to fulfill contractual obligations *[Procedure in the Civil Courts]* - *[Pleading Stage]* **Statement of Claim**: **Definition**: The document used by the plaintiff to initiate a lawsuit. - - - - 1. - - - - #### **Failure to Respond** - - - #### **Additional Requests** - - **Punitive damages:** damages awarded in civil cases to punish a defendant whose actions have been found to be malicious or high-handed; also known as exemplary damages **Costs:** a court can order legal costs to be paid by the loser to the winner after a civil trial is concluded; the court has the final say on costs and may decide not to award costs **Injunction:** a court order prohibiting a party from doing something (restrictive injunction) or compelling them to do something (mandatory injunction) **Pleadings:** the part of a civil case in which the parties set out, in writing, the facts and legal arguments that support their position **Statement of claim:** the plaintiff's pleading in an action; the statement of claim outlines the plaintiff's allegations against the defendant as well as the relief the plaintiff seeks **Statement of defence:** the defendant's pleading in an action in response to the plaintiff's statement of claim **Default judgment:** judgment entered against a party who fails to defend against a claim brought by another party---for example, a defendant who fails to submit a statement of defence *[Trial Route]* #### **Superior Court** - - - #### **Small Claims Court** - - - - - - #### **Document Exchange** - - - - - **Purpose:** Ensures transparency and allows both parties to prepare their arguments effectively. **Demand for particulars:** a formal request from lawyers for further and better details of an allegation of fact made in a pleading **Counterclaim:** a defendant's claim against a plaintiff, served at the same time as the defendant's statement of defence; the counterclaim, however, asserts an independent cause of action and doesn't act as a defence against the original claim *[Third-party action]* an action by a ­defendant against a person who is not already a party to the action **Purpose**: Each party examines the opposing side's evidence and witnesses to understand the case. - - - #### #### **Settlement** - - - - - - #### **Pre-Trial Conferences and Mediation** - - - - ### *[Civil Trials]* #### **Structure** - - - #### **Judges and Juries** - - - - - - **Appeals** - - - *[Application Route]* A simpler legal process used to address legal issues, enforce rights, or interpret laws. - - - - #### **Ex Parte Applications** **Definition**:Applications made without notifying or involving the respondent. **Purpose**:Used in urgent cases to prevent irreparable harm. #### **Evidence and Arguments** - - - - - #### **Hearing Process** **Judges**: Applications are heard by **superior court judges** in chambers (public proceedings). **Decisions**: Judges often give oral rulings, followed by written decisions. **Appeals**: The losing party can appeal the ruling to the court of appeal. #### **Interlocutory Applications** **Definition**: Applications made during litigation to resolve procedural disputes before trial. - - - - **[Chapter 9 - The Rationale for Publication Bans ]** *[Publication Bans and Contempt in Criminal Cases ]* **[The Rationale for Publication Bans]** **"Gag order"** - - - **Statutory bans** - - - - - - - - - **Statutory ban:** Publication ban required by statutes such as the Criminal Code or the Youth Criminal Justice Act **[Statutory Bans ]** Legal restrictions established by Parliament under the Criminal Code. **Key Objectives** **Fair Trial:** Ensure impartial proceedings by preventing the dissemination of prejudicial information. **Safeguarding Rights:** Protect the rights of victims, witnesses, and defendants during sensitive stages of a criminal prosecution. #### #### **Trial Fairness** Prevents information from being published or broadcast that might **prejudice the defendant's future trial**. #### **Protection of Complainants and Witnesses** - - - - - **Non-statutory ban: A** publication ban imposed at the discretion of the judge; usually in place to protect the fairness and integrity of a trial or the privacy or safety of a victim or witness **[Lifting the Ban on Identity ]** - **[Victims Under the Age of 18: ]** \"Media Ban on Victim Identification\" Allows judge to prevent media from revealing victim information. Protects victims under 18 at crime time. **[Victims of Crime and Witnesses]** Section 486.5(1) Rights for Victims and Witnesses Allows victims and witnesses to seek banning of identity-revealing names and information. Prosecutor can apply for the ban on the victim\'s behalf. **[Justice System Participants]** **Amendment to Section 486 (2002)**: Provides justice and law enforcement officials the ability to apply for **identity protection orders**. Applicable in cases involving: - - - Offences by **criminal organizations** (e.g., biker gangs). **Justice System Participants**: - **Categories Include**: - - - - - - - ### **Media and Freedom of Expression** - - - - **[Jurors: Sections 631(3.1) and 631(6)]** Allows a prosecutor to apply to person called for jury duty referred to by a number rather than a name - **[Bail Hearings: Section 517(1)]** **Assessing Risk**: Hearings evaluate whether a defendant should be released before trial. Considerations include: - - - #### **Conditions for a Ban** Request for a Ban: - - - - Access to Hearings: Bail hearings remain open to the public and journalists, even under a publication ban. - - - - - #### **Media Reporting After the Ban** Information can be reported if: - - **[Preliminary Hearings]** Judicial Hearing in Criminal Cases Determines Crown\'s evidence sufficiency for trial. Used in serious criminal cases. **[Ban on Evidence: Section 539(1)]** Preliminary Hearing Overview Assesses Crown\'s case strength. Rarely calls witnesses for balanced evidence. **[Jury Trials and the Voir Dire Rule: Section 648(1)]** Jury Trial Publication Ban - - - **[Pre-Trial Hearings in Jury Cases]** **Preliminary Hearing Objective**: Evaluates the strength of the Crown's case against the accused. - **Defense Role**: Rarely calls witnesses, resulting in a one-sided presentation of evidence during the hearing. **[Media ]** **Witness Information**: Witness names, unless their identities are subject to a separate ban. **Procedural Details**: Includes scheduling, motions, and administrative updates. **Prohibited Content**: Any evidence presented during the preliminary hearing cannot be disclosed. **[Evidence of Sexual Conduct: Section 276.3(1)]** Criminal Code creates ban automatically applied whenever defendant is charged with sex-related offense **Seaboyer applications:** Applies to introduce evidence of complaint's sexual history Media Reporting on Defense\'s Request for Evidence - - **[Confidential Records: Section 278.9(1)]** Applies to applications for access to private records of complaint or witness **Includes** - - - - Media can report that application was made for access to records - - **[Reviews of Mental Fitness of Offenders: Section 672.51(11)]** Judge or review board may be asked to release a person whos declared unfit to stand trial or found not criminally responsible for an offense - - - - - **[Search Warrant Documents: Sections 487.2(1) and 487.3(1)]** Warrant Search Process Authorities create and file three documents for searches. Investigators submit detailed affidavit detailing allegations. Evidence justifying search is presented. **Return:** a peace officer's report to a judge or justice of the peace after a search warrant has been executed **[Restriction on Interviewing Jurors: Section 649]** Canadian journalists can interview jurors once case is over - - - Supreme court of Canada has upheld this restriction as a reasonable limit on freedom of expression **[Penalties]** Breach of a Criminal Code ban is summary conviction offense - - Media have been prosecuted under the Code which makes it indictable offense to disobey a court order **[Applying the Dagenais/Mentuck Test]** Fair-trial rights of an accused no longer trump freedom of expression & these competing rights must be balanced when devising bans **Ban Imposition Process** - Alternative measures include screening jurors, adjourning, relocation, or sequestering jurors. - **[Notifying the Media]** - - *[Judge-Made Bans Imposed in Criminal Cases]* **Separate Trials for Co-Defendant[s]** **When Applied**: Two or more individuals are accused of the same crime but face separate jury trials. **Purpose**: Prevents evidence from earlier trials from prejudicing future trials. **Sunset Ban**: - - - **[Guilty Pleas and Stays Involving Co-Defendants]** **Scenario**: One defendant pleads guilty while co-defendants await trial. **Approach**: - - **Example**: - **[Multiple Trials for the Same Defendant]** **Purpose**: Ensures fair trials when a defendant faces charges for multiple offenses in separate trials. **Example**: - **[Change of Venue Applications]** **Definition**: Moving a trial to another part of the province to ensure fairness. **Legal Basis**: Section 599 of the *Criminal Code*. **Usage**: Rarely used. **[Appeals]** **Publication Bans**: Appeal courts can ban evidence or documents, though such bans are rare. **Rationale**: Risk of prejudice is low as new trials are months away from jury selection. **[Civil Liability for Breaching a Ban]** **Consequences**: Breaching a publication ban can lead to lawsuits seeking damages in civil courts. **[Publication Bans and the Internet]** **Issue**: The Internet enables instant dissemination of information worldwide, crossing national borders without restriction. **Impact**: Canadian publication bans struggle to control the spread of restricted information once posted online. **Archived Content**: - - **Judicial Consideration:** Courts must adapt to evolving technologies while maintaining the integrity of the justice system **[Bans and Canadian Online Media]** **Complex Enforcement**: Rapid sharing and reposting of material amplify the difficulty of ensuring compliance with publication bans. **Applicability**: - - ### **Canadian Jurisdiction and Compliance** **Scope**: Bans apply only to **websites and content** hosted or created in Canada. **Accountability**: - **[Bans and Foreign Media Coverage]** **Minimal Restrictions**: - - #### **Impact on Canadian Trials** **Limited Effect** :Most US media reports have **little to no impact** on a suspect's right to a fair trial in Canada. **Enforcement Limitations**: Canadian authorities cannot prosecute foreign outlets for breaching publication bans. **Judicial Mitigation**: Judges employ strategies to prevent banned information from being widely shared on the Internet. **[Social Media Sites, Blogs, and Publication Bans]** #### **Legal Considerations** **Social Media as Publishing**: Posts on platforms like Facebook, Twitter, blogs, and YouTube are treated as **published material** under Canadian law. **Volume of Content**: The sheer quantity of posts makes monitoring and enforcement nearly impossible. **Journalist Frustration**: Journalists, who must comply with bans, feel undermined when banned content is shared online with impunity. #### Prosecution Risks - Call for Reform - - - *[Understanding Contempt of Court]* **[Preventing "Trial by Media"]** **Prejudicial Publications**: Suggesting a suspect\'s guilt before a verdict is reached can lead to contempt of court actions. **Common Violations**: - - - **Timing**: Publications shortly before or during a trial are particularly risky. **[The Sub Judice Rule ]** **Sub Judice Rule** - - #### **Purpose** **Protects Fairness**: - - **Applies Until**: - **[Chapter 10 - Bans]** **Youth Court Bans: Bans Under the Youth Criminal Justice Act** --------------------------------------------------------------- - - Youth courts are open to the public. However, media are prohibited children & young people witnesses or victims of the crime & young defendants **Ban on Identifying Information: Section 110(1)** An offense to publish name of young person or "any information related to a young person" if it "would identify" that person as being accused of an offense - Exceptions for Serious Crimes: Section 110(2) **Adult Sentences**: - - **Presumptive Offenses**: - - - **Lifting the Ban on Identification** **Section 110(3) & (6):** - - **Ban on Identifying Victims and Witnesses: Section 111** **Section 111(1)**: - **Lifting the Ban**: - - **Republication:** Once identity bans are lifted or waived, media may republish this information. **Permanency of Bans** - - **Penalties for Breaching Bans:** Breaches are indictable offenses, punishable by fines, up to 2 years imprisonment, or summary conviction penalties. **Reporting Restrictions in Civil Cases** **Judges' Authority**: - - **Common Civil Case Bans**: - - **Divorce & Family Law**: Bans are often imposed to shield personal details. *[Special Cases]* **Voir Dire Hearings**: Bans remain until jury deliberations begin, ensuring fairness. **Federal Statutes**: - - **Protected Witnesses**: Disclosing witness protection program details is punishable by up to \$50,000 fines or 5 years imprisonment. **Presumptive Offense**: A serious crime potentially leading to an adult sentence. **Permanent Ban**: Identity bans that persist indefinitely unless waived. **[Chapter 11 - Crime]** *[Criminal Code Restrictions]* **Exclusion Orders** [Any Proceeding: Section 486(1)] - **Exclusion order:** the ability of a judge to exclude members of the public from all or any part of a hearing in criminal proceedings that must be held in open court ***Publication Not Banned*** Exclusion orders prevent attendance but do not inherently ban the publication of hearing details. Journalists may use transcripts or interviews but must verify if publication bans apply. **In Camera Hearings** - - - *[Specific Scenarios]* **Search Warrants**: Hearings for warrants must be private to preserve secrecy and effectiveness. **Summons/Arrest Warrants**: Held privately under Section 507(1) for fairness and safety. **Identity Protections**: Hearings under Section 486.5 to shield victims or witnesses. **Sexual Conduct Evidence**: Section 276 mandates closed hearings and publication bans for such cases. **Confidential Records**: Sections 278.4 and 278.6 require private sessions for sex-related offence records. **Privilege Claims**: Lawyer-client privileged documents are sealed until a judge rules otherwise. *[Access to Court Files and Exhibits]* **Principle of Open Courts**: Files like indictments, rulings, and transcripts are generally public, with exceptions for: - - - **Electronic Access**: Increased access raises privacy concerns (e.g., identity theft, misuse of personal info). **Exhibits**: Evidence presented in court is typically accessible unless otherwise restricted. **Dockets:** Every court makes public its docket a schedule of its upcoming hearings. A basic docket sets out the name of the case, the file number of the case, the type of hearing, the courtroom, and the date and time that the hearing will be held. "Some are more detailed" **Case Files** - - - - **Docket:** the official list of cases before the court *[Transcripts and Audio Recordings of Hearings]* - *[Electronic Access to Rulings]* - *[Electronic Access to Court Files]* - - *[Restrictions on Access]* **Orders Sealing Documents and Files** **Sealing Orders**: Judges can seal documents for privacy or security reasons (e.g., in civil cases or ongoing investigations). **Discovery Documents**: Pre-trial materials are confidential and protected from external use. **Challenges to Restrictions**: Media or public may appeal sealing or closed hearing orders, but limitations are often upheld if justified. *[Access to Other Proceedings]* **Tribunals:** Access depends on legislation but is often open unless privacy concerns exist. **Military Courts:** Public hearings may close for national security or public morals. **Immigration Hearings:** Typically private unless safety and fairness concerns are mitigated. **Judicial Council Inquiries:** Public or private based on the severity of concerns. **Parole Hearings:** Open but may restrict observers for security or disruption risks. **Tribunals:** Access depends on legislation but is often open unless privacy concerns exist. **Military Courts:** Public hearings may close for national security or public morals. **Immigration Hearings:** Typically private unless safety and fairness concerns are mitigated. **Judicial Council Inquiries:** Public or private based on the severity of concerns. *[Parole Hearings]* **Access to Hearings and Records** - #### *[Public Inquiries and Royal Commissions]* **Inquiry commissioners** - - - - - - ### *[Access to Hearings and Documents: A Summary]* **Justice** - - - - - - Media challenges to closed hearings and orders to seal court documents and search warrants - - **[Chapter 13 - Privacy]** *[Privacy Law in Canada]* - #### **Privacy Law and Torts** 1. - - 2. - Example: Posting explicit content online without consent can lead to significant damages. Conditions: - - - **False Light Tort** - - *[Taking and Using Photos and Video]* **Consent and Context** - - - **Criminal Voyeurism** - - - *[Recording and Using Phone and Private Conversations]* - - - *[Intercepted Cellular Calls]* - - *[Disclosing Wiretaps]* - - - *[Trespassing]* **Trespassing:** Entering, crossing, or using another person's property without the owner\'s or authorized person\'s permission (e.g., security guard). #### **Legal Status:** - #### Trespassing is a **tort**, and offenders can be **sued for damages**. - #### In most cases, it is prosecuted as a **summary conviction offence** under **provincial laws**. #### #### **Penalties:** Offenders may face: **Modest fines**. An order to **compensate for damages** caused to the property. **Trespassing at Night**: Criminal offence with penalties up to six months in jail. *[Stealing Information]* - **Journalists can be charged for:** - - #### **Confidential Information:** Has no intrinsic value and cannot be stolen. #### *[Information in Electronic Form:]* **Illegal activities involving electronic data:** - - - #### **Penalties:** Violations are treated as **serious offences** under Canadian law, emphasizing the protection of digital and physical property. *[Obtaining and Using Confidential Information]* - **Counselling Others to Commit a Crime:** It is an offence to counsel---to "procure, solicit or incite," in the words of the Code---another person to commit an offence. *[Hate Propaganda]* Publishing or broadcasting statements advocating genocide or inciting hatred against an identifiable group based on **race, colour, religion, or ethnic origin** is a criminal offence. **Threshold for Violation**: Statements must be **so extreme** that they are likely to lead to **civil unrest** or acts of **retribution**. **Crown\'s Burden of Proof**: Must demonstrate that the accused **intended** their remarks to incite hatred. *[Defences to Allegations]* **Truth**: If the statements are factually accurate or the person had reasonable grounds to believe they were true. **Good Faith**: Statements made as part of: - - - *[Criticism of Rulings, Judges, and Courts]* **Scandalizing the Courts**: A form of **contempt** for unwarranted, sensational attacks on judicial conduct or integrity. **Historical Context**: The highest court ruled that this offence **violated the Charter\'s** guarantee of **freedom of expression**. **Purpose**:Protects the reputation of the judiciary and public confidence in the justice system. *[Police Powers]* **Obstructing a Police Officer** - - Example: Journalists may face restrictions at crime scenes to preserve evidence or ensure public safety. **Peace Officers**:Broad category includes police, sheriffs, prison guards, military police, customs agents, etc. ***[Assistance and Production Orders]*** **Assistance Order**: - - **Purpose**: Facilitates police investigations by compelling compliance. **Assistance order:** an order requiring a person in control of a premises to help the police locate and seize items sought under a search warrant **Production order:** an order requiring the recipient to deliver or make available specified documents, usually to law enforcement personnel, within a stated time period **[Chapter 14 - COPYRIGHTS]** *[Copyright]* - - - - - Plagiarism, a form of intellectual theft, is unacceptable in news - **3 identified types of plagiarism**: - - - *[Who Owns the News?]* **Copyright and News**: - - **Rewriting Competitors\' Stories**: - - - - **Use of Wire Service Content**: - - **Unauthorized Republication**: - - **Plagiarism:** the act of stealing the ideas, words, or language of another and passing them off as the product of one's own min *[Freelanced Stories and Images]* - "First Rights" means the material can be used only once by the purchasing media outlet *[Works by Staff Writers and Photographers]* The Employer (newspaper, magazine, or broadcaster) owns the copyright for the work produced by staff journalists and photographers - - *[Stock Images]* - - - *[Electronic Rights]* - **Subsequent rights:** the rights granted to permit the reuse of copyrighted material **Fair dealing:** The use of another ­person's creative work in a ­manner that does not infringe upon copyright, usually for research, ­teaching, or private study *[Moral Rights]* **Definition**: Freelancers and staff journalists retain control over how their work is used, even after reproduction rights are granted. **Rights Granted**: - - - **Infringement**: - - **Editing and Changes**: - - - *[Parodies]* **Legal Protection**: Section 29 of the Copyright Act allows parody or satire under fair dealing. **Limitations**:Reproducing the distinctive look of a publication in a parody could lead to copyright claims. *[Copyright and the Internet]* - - *[Copying or Reusing Website Content]* Unauthorized copying beyond fair dealing is a violation **Fair Dealing**: - - - *[Linking and Framing]* **Linking**: Defining characteristic of the Internet, allowing users to easily navigate from one site to another - - **Framing**: involves one website providing a link to another website but displaying the content within the page design or "frame" of its own site. - *[Reproducing Emails and Content Posted to Social Media Sites]* **Copyright Protection**: - **Fair Dealing Exception**: - - **Best Practices**: Contact the creator when possible to ensure accuracy and proper attribution. **[Chapter 15 - Journalism Ethics ]** **"Journalism Ethics and Professional Responsibility"** ##### ##### **Telling the Truth** ###### Re-enactments and Dramatizations - **Purpose**: Dramatizations add depth to investigative pieces but must not distort the truth. " methods are used, like music, lighting, slow motion" **Policy**: CBC guidelines and RTDNA Canada's Code of Journalistic Ethics mandate clear labeling to differentiate between actual events and re-creations. **Caution**: Misleading dramatizations risk breaching journalistic integrity. *[Doctored Photos]* The RTDNA also cautions broadcasters to ensure any video or audio content is genuine before airing them **Acceptable Practices**: Adjustments for contrast, color, or minor retouching (like removing scratches) are allowed. **Unacceptable Practices**: Altering the content of photos (e.g., adding or removing elements) breaches ethical standards. **Guidance**: The Canadian Press Stylebook emphasizes maintaining the original integrity of photos. *[Going Undercover]* - **Purpose**: Often used for consumer reviews or investigations. **Ethical Concerns**: While sometimes necessary, undercover methods raise legal and moral issues and should be used sparingly and judiciously. *[News or Sensationalism?]* - **Editorial Questions**: Editors must balance the need to inform against the risk of shocking or exploiting the audience. Questions to consider include: - - **Impact on Privacy**: Graphic imagery can invade privacy and exacerbate victim suffering. *[Profanity and Graphic Descriptions]* - *[Naming Names]* **Transparency**: Public figures, suspects, or sources should generally be identified unless restricted by laws or ethical concerns (e.g., youth protection under the Youth Criminal Justice Act). **Consistency**: Media outlets must develop fair policies for when to disclose identities, especially in public safety alerts. *[Respecting Diversity]* **Sensitivity**: Journalists should reference race, gender, ethnicity, or disabilities only when relevant. **Terminology**: Use updated and respectful language (e.g., \"uses a wheelchair\" instead of \"crippled\"). **Regulation**: Hate propaganda and discriminatory reporting are prohibited under the Criminal Code and CRTC rules. **Drawing the Line** *[Conflicts of Interest]* Journalists are paid to report the truth as they see it and cannot afford to have divided loyalties as they must have the freedom to cover events and controversies without being hamstrung by connections to the people and institutions they report on. **Avoidance**: Journalists must avoid covering stories involving friends, family, or organizations they're associated with. **Disclosure**: Journalists should inform employers about potential conflicts and avoid positions that might compromise perceived impartiality. *[Political Activity]* - **Restrictions**: Journalists covering politics must avoid political activities beyond voting to preserve impartiality. **Exceptions**: Journalists on other beats can engage privately but should not appear to represent their outlet in political matters. *[Junkets and Freebies]* Accepting gifts and favours undermines a journalist's reputation for independence and credibility. - - **Policy Shift**: Acceptance of gifts or free trips has declined to protect credibility. **Permissible Exceptions**: Travel writers may accept free trips due to resource constraints but must disclose such arrangements. *[Assisting Police and Other Investigators]* **The Canadian Press Stylebook** draws the line at providing notes, unpublished information or images, recordings, research files, and "anything of a private or confidential nature" unless the police have a search warrant authorizing the seizure of such material. **Boundary**: Journalists should not provide confidential material unless legally compelled. **Cooperation**: Sharing published materials or public documents is acceptable as a courtesy but not mandatory.