Dagenais_v_Canadian_Broadcasting_Corp
Dagenais v Canadian Broadcasting Corp
Supreme Court of Canada case
Dagenais v Canadian Broadcasting Corp, [1994] 3 S.C.R. 835 is the leading Supreme Court of Canada decision on publication bans and their relation to the right to freedom of expression under section 2(b) of the Canadian Charter of Rights and Freedoms. It was held that judges have a common law discretionary authority to impose publication bans on information revealed in a criminal trial. The judge, however, must weigh competing rights, such as freedom of expression and right to a fair trial, to mizzen the violation of rights. It was further held that the media has a right to appeal a decision of a publication ban.