The Newfoundland Court of Appeal has issued a landmark decision that explicitly underscores the importance of ensuring journalists covering matters of the public interest – including Indigenous land-use disputes – have unfettered access.
Although Mr. Brake said his occupation was known to the company, and he was reporting live from the site, his journalist status was not made clear to the court. Mr. Brake’s subsequent appeal to be removed from the injunction was rejected; the judge wrote then that it was not “material” that Mr. Brake was a journalist.The author of the appeal decision issued Thursday, Justice J. Derek Green, argued it was wrong to include Mr.
For what appears to be the first time in Canadian law, Justice Green went so far as to list a set of criteria other courts ought to consider when exempting journalists from orders designed to block protest activities. Judges should consider whether a journalist is engaged in good-faith news gathering, aiding protesters, obstructing justice or interfering with law enforcement and whether matters being covered are in the public interest, Justice Green wrote.
Newfoundland and Labrador **
Newfoundland & Labrador Appeals Courts*
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