Publication of Identifying Information About Sexual Assault Survivors: R. v. Canadian Newspapers Co. Ltd.

Christine Boyle

Publication of Identifying Information About Sexual Assault Survivors: R. v. Canadian Newspapers Co. Ltd.

Allard School of Law at the University of British Columbia

Research output: Article

Abstract

This comment focusses on the challenge to the constitutionality of what are now subsections 486(3) and (4) of the Criminal Code. In the context of criminal trials for sexual assault, these sections give survivors the right to insist on the non-publication of their names and other identifying information. While the Supreme Court of Canada, in the Canadian Newspapers case, has said that these sections are a reasonable limit on freedom of the press, regrettably the reasoning is not based on the equal rights of women and children to freedom of expression, liberty, security of the person, and equality. Also discussed in this comment is the issue left open after Canadian Newspapers, that is, whether these sections conflict with an accused person's constitutional right to a fair trial. (English) [ABSTRACT FROM AUTHOR]

Original language	English
Pages (from-to)	602-614
Number of pages	13
Journal	Canadian Journal of Women and the Law
Volume	3
Issue number	2
Publication status	Published - 1989

Bibliographical note

Accession Number: 11076622; Boyle, Christine 1,2; Affiliation: 1: Dalhousie University, Nova Scotia 2: Member, Nova Scotia Bar; Source Info: 1989, Vol. 3 Issue 2, p602; Subject Term: CONSTITUTIONAL law; Subject Term: CRIMINAL law; Subject Term: SEX crimes; Subject Term: WOMEN'S rights; Subject Term: CHILDREN'S rights; Subject Term: CANADA; Number of Pages: 13p; Document Type: Article

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Cite this

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title = "Publication of Identifying Information About Sexual Assault Survivors: R. v. Canadian Newspapers Co. Ltd.",

abstract = "This comment focusses on the challenge to the constitutionality of what are now subsections 486(3) and (4) of the Criminal Code. In the context of criminal trials for sexual assault, these sections give survivors the right to insist on the non-publication of their names and other identifying information. While the Supreme Court of Canada, in the Canadian Newspapers case, has said that these sections are a reasonable limit on freedom of the press, regrettably the reasoning is not based on the equal rights of women and children to freedom of expression, liberty, security of the person, and equality. Also discussed in this comment is the issue left open after Canadian Newspapers, that is, whether these sections conflict with an accused person's constitutional right to a fair trial. (English) [ABSTRACT FROM AUTHOR]",

keywords = "CONSTITUTIONAL law, CRIMINAL law, SEX crimes, WOMEN'S rights, CHILDREN'S rights, CANADA",

author = "Christine Boyle",

note = "Accession Number: 11076622; Boyle, Christine 1,2; Affiliation: 1: Dalhousie University, Nova Scotia 2: Member, Nova Scotia Bar; Source Info: 1989, Vol. 3 Issue 2, p602; Subject Term: CONSTITUTIONAL law; Subject Term: CRIMINAL law; Subject Term: SEX crimes; Subject Term: WOMEN'S rights; Subject Term: CHILDREN'S rights; Subject Term: CANADA; Number of Pages: 13p; Document Type: Article",

year = "1989",

language = "English",

volume = "3",

pages = "602--614",

journal = "Canadian Journal of Women and the Law",

issn = "0832-8781",

publisher = "UTP/Canadian Journal of Women & the Law",

number = "2",

}

TY - JOUR

T1 - Publication of Identifying Information About Sexual Assault Survivors

T2 - R. v. Canadian Newspapers Co. Ltd.

AU - Boyle, Christine

N1 - Accession Number: 11076622; Boyle, Christine 1,2; Affiliation: 1: Dalhousie University, Nova Scotia 2: Member, Nova Scotia Bar; Source Info: 1989, Vol. 3 Issue 2, p602; Subject Term: CONSTITUTIONAL law; Subject Term: CRIMINAL law; Subject Term: SEX crimes; Subject Term: WOMEN'S rights; Subject Term: CHILDREN'S rights; Subject Term: CANADA; Number of Pages: 13p; Document Type: Article

PY - 1989

Y1 - 1989

N2 - This comment focusses on the challenge to the constitutionality of what are now subsections 486(3) and (4) of the Criminal Code. In the context of criminal trials for sexual assault, these sections give survivors the right to insist on the non-publication of their names and other identifying information. While the Supreme Court of Canada, in the Canadian Newspapers case, has said that these sections are a reasonable limit on freedom of the press, regrettably the reasoning is not based on the equal rights of women and children to freedom of expression, liberty, security of the person, and equality. Also discussed in this comment is the issue left open after Canadian Newspapers, that is, whether these sections conflict with an accused person's constitutional right to a fair trial. (English) [ABSTRACT FROM AUTHOR]

AB - This comment focusses on the challenge to the constitutionality of what are now subsections 486(3) and (4) of the Criminal Code. In the context of criminal trials for sexual assault, these sections give survivors the right to insist on the non-publication of their names and other identifying information. While the Supreme Court of Canada, in the Canadian Newspapers case, has said that these sections are a reasonable limit on freedom of the press, regrettably the reasoning is not based on the equal rights of women and children to freedom of expression, liberty, security of the person, and equality. Also discussed in this comment is the issue left open after Canadian Newspapers, that is, whether these sections conflict with an accused person's constitutional right to a fair trial. (English) [ABSTRACT FROM AUTHOR]

KW - CONSTITUTIONAL law

KW - CRIMINAL law

KW - SEX crimes

KW - WOMEN'S rights

KW - CHILDREN'S rights

KW - CANADA

M3 - Article

SN - 0832-8781

VL - 3

SP - 602

EP - 614

JO - Canadian Journal of Women and the Law

JF - Canadian Journal of Women and the Law

IS - 2

ER -