Search and Seizure of the Press
In the companion cases of Canadian Broadcasting Corp. v. Lessard and Canadian Broadcasting Corp. v. New Brunswick (AG.), the Supreme Court of Canada decided that the media should not have any special protection from police search and seizure above that afforded to ordinary citizens. In refusing to create a standard of heightened constitutional protection to be met before a search warrant can be issued against the press, the Court turned a blind eye to its past interpretations of section 8 of the Charter as containing a standard of reasonableness that varies depending upon the context of the search and the particular rights involved. These decisions ignore the unique role that the media play in a democratic society and will continue to have a negative impact on the constitutional guarantees of freedom of the press. It appears that a better balance of the interests of the press and of law enforcement can only be reached through legislative intervention.