When Balancing Fundamental Rights, Remedies Should Be Sought Before Placing Any Limit on Either One

By Sarah D. PinsonnaultOn October 15th 2014, the Superior Court granted the Public Curator’s motion for provisional injunction in Québec (Curateur public) c. Bell Media inc., 2014 QCCS 4919. As a result, Bell Media was ordered to suspend its scheduled broadcast of a TV episode that re-enacted the murder scene committed by the individual who, being found not criminally responsible for this act, was placed under the Public Curator’s administration (“Mr. M”). A summary of this decision can be read here. In short, the rights to privacy and security of Mr. M trumped, at the provisional stage of the proceedings, Bell Media’s right to freedom of expression and the public’s right to information. However, when this matter was heard on the merits of the permanent injunction on October 31st 2014, in Québec (Curateur public) c. Bell Média inc., 2015 QCCS 165, the Public Curator’s motion was dismissed because the infringement… Lire la suite