| Vancouver -- One of the accusations against media after police searched Premier Glen Clark's home was that the reporting of his name and address are contrary to the Criminal Code. The Criminal Code section prohibiting the publication of such information - now s. 487.2 - was struck down over a decade ago under the Charter of Rights in at least two provinces. Those decisions were not appealed and Parliament has never attempted to re-intruduce similar provisions to the Code.
In overturning the provision, formerly s. 443.2, Osler, J. of the Ontario High Court commented in Canadian Newspapers v. A.G. Canada (1986) 32 DLR (4th) 292 at 303:
"There can be no discussion when there is no information. We are fortunate enough to live in a country where police abuse has not been a major concern. Nevertheless, overzealousness is not unknown and mistakes do occur. The execution of a search warrant is itself a major invasion of a person's privacy. So long as the present section stands, the botched or illegal execution of a search warrant may never come to public notice without the consent of one or more private individuals. Such individual, however sensitive their own feelings may be, should not be given the power to prevent the disclosure of police mistake or misconduct."
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