Thursday, May 08, 2008

Today's nugget

Can Maclean's and Ezra Levant use the Alberta Press Act Reference as a precendent to show provincial regulation of the press via Human Rights legislation is ultra vires?
I'm researching Oliver Mowat Biggar, who represented the SoCred side (and lost). The Aberhart government essentially wanted to establish a press censorship system. The Supreme Court of Canada ruled that regulation of the accuracy of the press was a federal responsibility.
The Wikipedia entry is sparse. The real meat is in the Supreme Court decision that's linked.

Pile this on top of the Charter arguments and I suspect the provincial Human Rights complaints would be tossed.


Robert McClelland said...

They can use whatever they want in their defense. But since neither has need of a defense until it's determined if these cases will proceed to the tribunal stage it's a moot point.

bigcitylib said...

What makes you think they plan to? (Just curious. Did I miss something on Levant's site?)

Ottawa Watch said...

I think its an option that could be used to shake off the provincial HRC complaints and concentrate on the federal commission case. I don't know what their plans are. It's just a suggestion I'm tossing out to them.

Warren K said...

I wrote my law school thesis on that case. I'd send it to ya, but haven't a clue where it is.