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LEGAL REPORT/LITIGATION The BY ANDI BALLA B efore 2004, Quebec jour- nalists wanting to take photos or film had for years enjoyed several freedoms inside the prov- ince's courthouses that went beyond many other North American jurisdic- tions. Journalists with cameras could roam the corridors of courthouses, shoot and take photos anywhere, as long as they didn't do so inside individ- ual courtrooms while proceedings were going on. "As long as I can remember, practising for about 36 years, the media was always present in courts, in the public areas, and that's just how things are here," says Barry Landy, a partner at Spiegel Sohmer in Montreal. "It's differ- ent from the rest of Canada, and other than for a handful of isolated cases, it has never posed a serious problem." It was the type of freedom journal- ists — who in most jurisdictions end up camped on the cold sidewalk in front of the courthouse — would like to see eve- rywhere in Canada. But Quebec courts grew uneasy with the arrangement and started to see the ever-increasing journal- istic presence as disruptive. The problem was that a few high-profile cases attracted extensive media coverage. In the main Montreal courthouse, as many as 30 or 40 journalists would vie for footage at the same time. There were stories of photog- raphers standing on top of furniture to get the shot, and of cameramen peeking into ajar courtroom doors. So in 2004, the new Quebec Superior Court Rules of Practice were approved mandating that "in order to ensure the for the hallways In denying Quebec media an appeal for unrestricted camera access in courthouse hallways, the SCC opens the door for new media freedoms in the rest of Canada. fair administration of justice, the seren- ity of judicial hearings, and the respect of the rights of litigants and witnesses, interviews and the use of cameras in a courthouse shall only be permitted in the areas designated for such purposes by directives of the chief justices." In essence, it meant journalists would be restricted to certain areas in each floor of the courthouse. The new rules also cemented the ban on broadcasting audio recordings of court proceedings. Media had been allowed to record audio in the courtroom for reporting purposes, but were prohibited from broadcasting what they recorded. Only a few months after the new rules were approved, several media organiza- tions, led by the Canadian Broadcasting Corp., challenged them in court, saying they violated s. 2(b) of the Charter of Rights and Freedoms, which guarantees fundamental freedoms, including the freedom of the press and other media of communication. Landy, who represented CBC and the other appellants in the case — Groupe TVA Inc., La Presse Ltée., and the Quebec professional federation www.CANADIAN Lawyermag.com A PRIL 2011 47 fight VICTOR GAD