Asked by Abigail Dupont on May 10, 2024

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As the representative of a major newspaper chain you are opposed to the recent tendency of judges to grant publication bans during the court proceedings of controversial and high-profile trials. Together with several of your colleagues from other media organizations you decide to challenge the most recent ban. Which of the following statements is correct?

A) Your challenge would be brought as a proceeding in a court of original jurisdiction.
B) If you are not successful you would be granted an appeal of your case to the Supreme Court of Canada.
C) The proper forum for your challenge is the Canadian Judicial Council since it involves the actions of a judge.
D) You would bring your challenge to an administrative tribunal.
E) The process of bringing your challenge would begin with the Court of Appeal.

Publication Bans

Legal orders restricting the media's ability to report on certain details of legal proceedings to protect privacy, ensure fairness, or maintain public security.

Canadian Judicial Council

An official body overseeing the conduct of judges in Canada, ensuring they adhere to standards of behavior.

  • Understand the process and strategic implications of appeal within the legal system.
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Verified Answer

WG
Wendy GrissomMay 17, 2024
Final Answer :
A
Explanation :
EA challenge against a publication ban would typically be brought in a court of original jurisdiction, as it involves contesting a decision made by a lower court. If the initial challenge is unsuccessful, the next step would often involve appealing to a higher court, which could include the Court of Appeal as the starting point for appellate procedures, depending on the jurisdiction and specific legal system in place. The Canadian Judicial Council deals with judicial conduct, not the review of specific judicial decisions, and administrative tribunals generally do not have jurisdiction over court procedural matters. Appeals to the Supreme Court of Canada are not automatically granted; they require leave and are typically reserved for cases of national importance or to resolve significant legal issues.