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Glen
Clark Attempts to Resurrect Constitutionally Invalid Law
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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