Burnett, Daniel

From Ad IDEM / CMLA

Dan Burnett represents broadcasters, print media and internet publishers, on a wide range of media issues including defamation, privacy, contempt, court access, freedom of information, publication bans and freedom of expression issues. Dan is also an adjunct professor of media law at the University of British Columbia Graduate School of Journalism.

The 2008 Annual Review of Civil Litigation [1] featured a paper by Dan and Heather Maconachie on the state of defamation law in Canada.

Some of the noteworthy media cases Dan has acted on include:

WIC v Simpson [2] - 2008 landmark Supreme Court of Canada decision reforming the law of fair comment in accordance with Charter values of free expression

Crookes v Wikimedia and Newton [3] - 2008 B.C. Supreme Court and Court of Appeal decisions holding that a mere hyperlink to a defamatory internet publication does not create liability. To be heard by the Supreme Court of Canada, Dec. 7, 2010

Hamouth v Canjex [4] - 2007 B.C. Court of Appeal decision on damages in defamation decisions and qualified privilege

R. v. Black [5] B.C. Supreme Court decision on obtaining access to an undercover video exhibit during a murder trial and with a second related trial pending

R. v. Dawson and Pacific Newspaper Group [6] B.C. Supreme Court decision acquitting newspaper accused of violating ban on voir dire where information reported was from a different source and acquitting newspaper of contempt where information published during jury sequestration

R. v. Cho [7] only B.C. case to permit cameras in a criminal trial

R. v. CHBC [8] leading decision in B.C. on contempt of court by media - media outlet acquitted

R. v. BCTV [9] B.C. Court of Appeal decision acuiting reporter accused of violating Criminal Code identity ban

Hollingsworth v BCTV [10] B.C. Court of Appeal decision dismissing breach of privacy claim against television station where private video was published upon reporter being told, falsely, that there was permission to publish.

Blackman v AGBC [11] B.C. Court of Appeal decision upholding openness of psychiatric Review Board hearings

Kovlaske v IWA et al [12] B.C. Supreme Court decision in which community newspaper found not liable for publishing libel based on public interst to the specific community reading the newspaper.

R._v._Murrin B.C. Supreme Court case rejecting a publication ban in favour of openness in a multiple trial scenario

R. v. Pickton (2002) B.C. Provincial Court case rejecting an in camera hearing in a high profile serial murder case

Follow Dan Burnett on Twitter @dwbmedialaw