Gauthier v Canada Flashcards
author claimed
no reason was given for denying him full access
none access infringed the authors right to freedom of the press
the application of domestic remedies is unreasonably prolonged, within the meaning of article 5.
the news service was in competition with him
his access wouldn’t enroach on the effective and dignified operation of parliament
argues violation of freedom association
state claimed
to be accredited by the press it needs to be your primary occupation, the national capital news is issued with varying degrees of regularity.
there is live television covergae so rarely use the press gallery.
the temp pass only doesn’t give access to the restruant and a peigon hole.
non-cooperation with the press gallery constitutes a clear failure to exhaust domestic remedies.
committee decision
no effective remedies avaliable to the author. the ability to submit the regularity of publishing did not sort the issue of whether or not the limitation of access to the press gallery, violated his right under article 10 of the covenant
effect of the prohibition on note taking
the prohibition of note taking in the public gallery has a minimal impact on the ability to impart and receive info, justified to achieve a balance between the right to freedom of info and the need to ensure the effective and dignified operation of parliament.
not every differentiation should be deemed to be discriminatory, based on objective criteria
author about the speaker
he doesn’t have the authority to delegate his resp to an indiviual group with accountability to the members of parliament
reasoning of the court
Article 25 read with 19 implies a free press and other media able to commment on public issues without censorship or restraint and to inform public opinion.
the accreditation scheme must be necessary and proportionate. the scheme doesn’t ensure there will be no arbitary exclusion from access.
no possibility of recourse either to the courts or to parliament
