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CANADIAN JEWISH CONGRESS vs
NORTH SHORE FREE PRESS doing business as NORTH SHORE NEWS
- AND -
DOUG COLLINS
SUBMISSIONS OF THE BRITISH COLUMBIA PRESS COUNCIL (INTERVENOR)
ANNOTATIONS TO SUBMISSIONS
INDEX
Submissions - Authority Brief Containing
Referred to: Authority:
Cases
1. Alberta Press Bill Case, Joint Brief of
[Reference re Alberta Authorities, Tab No. 87,
Legislation, [1938], plus loose copy to be
S.C.R. 100, referred to at inserted
pp. 77, 78, 79
2. Ross v. School District Joint Brief of
No. 15 [1996] 1 S.C.R. Authorities, Tab No. 37
826, referred to at p. 106
3. Bell Canada v Canada Final Brief of Authorities
(Canadian Radio-Television of the British Columbia
& Telecommunications Press Council, headnote
Commission), [1989] 1 only, Tab No. 2
S.C.R. 1722, referred to
at p. 92
4. C.B.C. v New Brunswick Joint Brief of
(Attorney General) (1996), Authorities, Tab No. 8
3 S.C.R. 480, referred to
at p. 106
5. Canada (Human Rights Joint Brief of
Commission) v. Taylor, Authorities, Tab No. 6
[1990] 3 S.C.R. 892
referred to at pp. 17, 19,
104, 111, 112, 113, 114,
115, 117, 118
6. Cherneskey v Armadale Supplemental Brief of
Publishers Ltd., [1979] 1 Cases, Statutes, and Other
S.C.R. 1067 referred to at Authorities, No.2 of the
p. 22 British Columbia Press
Council, Volume 1, Tab No.
1
7. Cooper v. Canada (Human Joint Brief of
Rights Council), [1996] Authorities, Tab No. 9
3 S.C.R. 854 referred to
at pp. 17, 19
8. Craig v The Queen (12 June Final Brief of Authorities
1997), Vancouver Registry of the British Columbia
No. A943590, referred to Press Council, Tab No. 1
at pp. 96, 97, 98, 99
9. Cuddy Chicks Limited v. Joint Brief of
Ontario (Labour Relations Authorities, Tab No. 10
Board), [1991] 2 S.C.R.S.
referred to at pp. 17, 18
10. Dagenais v Canadian Joint Brief of
Broadcasting Corporation, Authorities, Tab No. 11
[1994] 3 S.C.R. 854,
referred to at pp. 108,
117
11. Elliott et al. v Canadian Supplemental Brief of
Broadcasting Corp. et al Cases, Statutes, and Other
(1993) 16 O.R. (3d) 677 Authorities, No.2 of the
[Ont. Gen. Div.], referred British Columbia Press
to at pp. 23, 24, 28 Council, Volume 1, Tab No.
6
12. European Court of Human Joint Brief of
Rights, Vogt v Germany Authorities, Tab No. 96
(7/1994/454/535), Grand
Chamber, referred to at
pp. 4, 5, 70
13. Gay Alliance Towards Joint Brief of
Equality v Vancouver Sun; Authorities, Tab No. 57
British Columbia Human
Rights Commission v
Vancouver Sun, [1979] 2
S.C.R. 435, referred to at
pp. 86, 87, 88
14. Goodwin v. The United Supplemental Brief of
Kingdom (16/1994/463/544) Cases, Statutes, and Other
March 27, 1996, European Authorities, No.2 of the
Court of Human Rights, British Columbia Press
referred to at pp. 61, 62 Council, Volume 1, Tab No.
5
15. Gould v Yukon Order of Joint Brief of
Pioneers, [1996] 1 S.C.R. Authorities, Tab No. 15
571, referred to at pp.
92, 93, 94
16. Gubi v Austria Joint Brief of
(34/1993/429/508), Authorities, Tab No. 58
referred to at p. 71
17. R.A.V. v City of St. Paul, Joint Brief of
112 S. Ct. 2538 (1992), Authorities, Tab No. 84
referred to at pp. 28, 110
18. Irwin Toy Limited v Quebec Joint Brief of
(A.G.), [1989] 1 S.C.R. Authorities, Former Tab
927 referred to at pp. 41, No. 16
106
19. Jersild v. Denmark Joint Brief of
(36/1993/431/510) Authorities, Tab No. 44
[European Court of Human
Rights], referred to at
pp. 65, 66, 67, 68, 71,
118
20. Lingens Case (8 July Joint Brief of
1986), at pp. 63, 64, 65 Authorities, Tab No. 60
21. Menean v Miguna [1996] 30 Final Brief of Authorities
O.R. (3d) 602, referred to of the British Columbia
at pp. 55 Press Council, Tab No. 3
22. Mitchell v Nanaimo Supplemental Brief of
District Teachers Assn. Cases, Statutes, and Other
(1994), 94 B.C.L.R. (2d) Authorities, No.2 of the
81 referred to at pp. 22, British Columbia Press
23, 89 Council, Volume 1, Tab No.
4
23. Nealy v. Johnston (1989), Joint Brief of
10 CHRR D/6450 (Canadian Authorities, Tab No. 23
Human Rights Tribunal)
referred to at pp. 17, 19
24. Olmstead United States of Supplemental Brief of
America, 277 U.S. 438 Cases, Statutes, and Other
referred to at p. 3 Authorities, No.2 of the
British Columbia Press
Council, Volume 1, Tab No.
8
25. Padlock Case [Switzman v Joint Brief of
Elbling [1957] 7 D.L.R. Authorities, Tab No. 93
(2d) 337], referred to at
pp. 77, 83, 84, 85, 86
26. Pezim v British Columbia Final Brief of Authorities
(Superintendent of of the British Columbia
Brokers), [1994] 2 S.C.R. Press Council, headnote
557, referred to at pp. only, Tab No. 4
92, 93
27. R v Andrews [1990] 3 Final Brief of Authorities
S.C.R. 870, referred to at of the British Columbia
p. 106, 114 Press Council, headnote
only, Tab No. 5
28. R v Keegstra [1990] 3 Joint Brief of
S.C.R. 697 Authorities, Tab No. 28
29. R v Oakes, [1986] 1 S.C.R. Joint Brief of
103, referred to at pp. Authorities, Former Tab
106, 108, 115, 117 No. 31
30. R. v Boucher, [1951] Joint Brief of
S.C.R. 265 referred to at, Authorities, Tab No. 64
pp. 4, 5, 77, 80, 81, 82,
83
31. RJR-MacDonald Inc. v Joint Brief of
Canada [1995] 3 S.C.R. Authorities, Tab No. 34
199, referred to at pp.
106, 117, 123, 124
32. Ross v School District No. Joint Brief of
15, [1996] 1 S.C.R. 826, Authorities, Tab No. 37
referred to at pp. 94, 95
33. Ryckman v Delavan, 25 Wend Referred to in material
186 (1840), referred to at part in Elliott v CBC, see
pp. 5, 7, 23 11, supra
34. Saskatchewan (Human Rights Joint Brief of
Commission) v. Engineering Authorities, Former Tab
Students Society (1989), No. 39
10 Chrr D/5636
(Saskatchewan Court of
Appeal) referred to at p.
20
35. Valente v The Queen, Final Brief of Authorities
[1985] 2 S.C.R. 673, of the British Columbia
referred to at p. 97 Press Council, headnote
only, Tab No. 6
36. Vizetelly v Mudie's Select Final Brief of Authorities
Library Limited, [1900] 2 of the British Columbia
Q.B. 170 (C.A.), referred Press Council, headnote
to at p. 55 only, Tab No. 7
37. Warren v Chapman (Warren Joint Brief of
v. Manitoba Human Rights Authorities, Tab No. 97
Commission) (1985), 6
C.H.R.R. D/2777, referred
to at p. 20
38. Warren v. Chapman (1984), Joint Brief of
5 C.H.R.R. D/2226, Authorities, Tab No. 97
referred to at pp. 20, 21
39. William R. Ehrcke, "Stare Supplemental Brief of
Decisis" (1995) 53 The Cases, Statutes, and Other
Advocate 847, referred to Authorities, No.2 of the
at pp. 116, 117 British Columbia Press
Council, Volume 3, Tab No.
37
Statutes
40. American Convention On CJC Brandeis Brief Tab No.
Human Rights "Pact Of San 27
Jose, Costa Rica" (22 Nov
69), referred to at p. 76
41. An Act to Ensure the Referred to in material
Publication of Accurate part in Alberta Press
News and Information, Case, Joint Brief of
referred to at pp. 2, 77, Authorities, Tab No. 87
79, 80
42. Australia, Discrimination Brief of Statute Law of
Act 1991, No. 81 of 1991, the British Columbia Press
ss. 1 - 9, 65 - 67 Council etc., new Tab No.
referred to at pp. 48, 50, 6 (former Tab No. 180 in
57 Joint Brief of
Authorities)
43. Bangladesh Penal Code Referred to in UN Special
referred to at p. 7 Rapporteur's Report (March
1996), CJC Brandeis Brief
Tab No. 8
44. Bill 33, referred to at Final Brief of Authorities
pp. 123, 127, 131 of the British Columbia
Press Council, Tab No. 9
45. British Columbia Rules of Supplemental Brief of
Court, referred to at pp. Cases, Statutes, and Other
13, 89, 90, 91, 102, 103 Authorities, No.2 of the
British Columbia Press
Council, Volume 2, Tab No.
10
46. British North America Act, Final Brief of Authorities
1867 referred to at pp. of the British Columbia
13, 79, 80, 95, 100 Press Council, Tab No. 8
47. Canadian Charter of Rights CJC Brief of Statute Law,
and Freedoms referred to Tab No. 4
at 2, 3, 8, 10, 11, 16,
17, 18, 19, 20, 34, 74,
76, 77, 95, 106, 107, 108,
111, 112, 113, 114, 115,
124, 153
48. Canadian Human Rights Act Supplemental Brief of
referred to at pp, 36, 90, Cases, Statutes, and Other
101, 105, 111, 115, 128, Authorities, No.2 of the
129 British Columbia Press
Council, Volume 2, Tab No.
11
49. Charter of Human Rights Supplemental Brief of
and Freedoms, R.S.Q. 1982, Cases, Statutes, and Other
c. 61 referred to at pp. Authorities, No.2 of the
34, 59, 91 British Columbia Press
Council, Volume 2, Tab No.
21
50. Civil Rights Protection CJC Brief of Statute Law,
Act, R.S.B.C. 1996, c. 49 Tab No. 5
referred to at pp. 15, 34,
120
51. Constitution Act, 1867 Supplemental Brief of
referred to at pp. 13, 95, Cases, Statutes, and Other
103, 104 Authorities, No.2 of the
British Columbia Press
Council, Volume 2, Tab No.
13
52. Constitution Act, 1982 CJC Brief of Statute Law,
referred to at p. 16 Tab No. 4
53. Convention for the Joint Brief of
Protection of Human Rights Authorities, Former Tab
and Fundamental Freedoms No. 188
(also known as the
European Convention on
Human Rights), referred to
at pp. 60, 61, 63, 65, 68,
70, 118
54. Criminal Code of Austria Portions referred to in
referred to at pp. 56, 63, Vogt, at Joint Brief of
64 Authorities, Tab No. 96
55. Criminal Code of Canada Supplemental Brief of
R.S., c. C-34, ss. 296 - Cases, Statutes, and Other
311at pp. 7, 11, 14, 15, Authorities, No.2 of the
29, 37, 40, 41, 42, 44, British Columbia Press
45, 47, 48, 50, 52, 53, Council, Volume 2, Tab No.
56, 74, 79, 81, 115, 118, 14
119, 120, 126, 127, 129,
130, 143
56. Freedom of Information and Not included
Protection of Privacy Act
referred to at pp. 20,
101, 122, 135, 142
57. Human Rights Act, P.E.I. Supplemental Brief of
1975, c. 72, s. 12, Cases, Statutes, and Other
referred to at pp. 35, 60 Authorities, No.2 of the
British Columbia Press
Council, Volume 2, Tab No.
25
58. Human Rights Citizenship Supplemental Brief of
and Multiculturalism Act, Cases, Statutes, and Other
R.S.A. 1996, c. 25, Authorities, No.2 of the
referred to at pp. 34, 36, British Columbia Press
59, 90, 105 Council, Volume 2, Tab No.
17
59. Human Rights Code of the
Yukon Territory referred
to at pp. 36, 60
60. Human Rights Code, Supplemental Brief of
R.S.B.C. 1996, c.210, Cases, Statutes, and Other
referred to at pp. 1, 2, Authorities, No.2 of the
3, 5, 6, 7, 9, 11, 12, 13, British Columbia Press
14, 16, 17, 19, 20, 23, Council, Volume 2, Tab No.
26, 28, 29, 34, 35, 36, 16
37, 38, 40, 41, 43, 44,
46, 50, 51, 52, 53, 55,
58, 59, 60, 86, 87, 88,
90, 95, 100, 101, 102,
103, 105, 106, 108, 110,
111, 115, 118, 120, 122,
125, 127, 128, 129, 130,
131, 132, 133, 143, 153
61. International Convention CJC Brief of Statute Law,
for the Elimination of Tab No. 23
Racial Discrimination,
referred to at pp. 61, 72,
74
62. Judicial Review Procedure Not included
Act, R.S.B.C. 1996, c.
241, referred to at p. 92
63. Libel and Slander Act, Supplemental Brief of
R.S.B.C. 1996, c. 263, Cases, Statutes, and Other
referred to at p. 57 Authorities, No.2 of the
British Columbia Press
Council, Volume 3, Tab No.
27
64. New Brunswick Human Rights Supplemental Brief of
Code, R.S.N.B. 1996, c. Cases, Statutes, and Other
30, ss. 1 - 6 referred to Authorities, No.2 of the
at pp, 35, 60, 94 British Columbia Press
Council, Volume 2, Tab No.
23
65. Newfoundland Human Rights Supplemental Brief of
Code, R.S.N. 1988, c. 62 Cases, Statutes, and Other
referred to at pp, 35, 59, Authorities, No.2 of the
91 British Columbia Press
Council, Volume 2, Tab No.
22
66. Northwest Territories Fair Supplemental Brief of
Practices Act, R.S.N.W.T. Cases, Statutes, and Other
1995 , c. 23, referred to Authorities, No.2 of the
at pp. 35, 60, 91 British Columbia Press
Council, Volume 3, Tab No.
26
67. Nova Scotia Human Rights Supplemental Brief of
Act, R.S.N.S. 1991, c. Cases, Statutes, and Other
12at pp. 35, 60, 91 Authorities, No.2 of the
British Columbia Press
Council, Volume 2, Tab No.
24
68. Provincial Court Act, Recited in material part
R.S.B.C. 1979, C. 341, in Craig v. The Queen
referred to at pp. 96, 99
69. Publications Control Act, Brief of Statute Law of
referred to at p. 44 the British Columbia Press
Council, B.C. Civil
Liberties Association, and
North Shore Free Press,
Collins, New Tab No. 4
(former Tab No. 178 in
Joint Brief of
Authorities)
70. South Africa, Black Supplemental Brief of
Administration Act, No. 38 Cases, Statutes, and Other
of 1927, Statutes 1927 - Authorities, No.2 of the
1929, and 1991, referred British Columbia Press
to at p. 40 Council, Volume 3, Tab No.
28
71. South Africa, Second Supplemental Brief of
General Law Amendment Act, Cases, Statutes, and Other
No. 94 of 1974, Statutes Authorities, No.2 of the
1991 referred to at p. 40 British Columbia Press
Council, Volume 3, Tab No.
31
72. South Africa, Terrorism Supplemental Brief of
Act, No. 83 of 1967, Cases, Statutes, and Other
Statutes 1976 referred to Authorities, No.2 of the
at p. 40 British Columbia Press
Council, Volume 3, Tab No.
32
73. South Africa's Brief of Statute Law of
Publications Act, referred the British Columbia Press
to at pp. 29, 32, 33, 40, Council, the B.C. Civil
46, 50, 51, 52, 53, 56, 58 Liberties Association, and
North Shore News, Tab No.
4
74. The Communistic Propaganda Recited in material part
Act, referred to at p. 83 in Switzman v. Elbling,
Joint Brief of
Authorities, Tab No. 93
75. The Human Rights Code, Supplemental Brief of
R.S.O. 1995, c. 4 referred Cases, Statutes, and Other
to at pp. 35, 60, 90 Authorities, No.2 of the
British Columbia Press
Council, Volume 2, Tab No.
20
76. The International Covenant CJC Brief of Statute Law,
on Civil and Political Tab No. 21
Rights (16 December 66),
Article 19, referred to at
pp. 60, 72, 74
77. The Manitoba Human Rights Supplemental Brief of
Code, C.C.S.M. 1987, c. 45 Cases, Statutes, and Other
referred to at pp. 35, 106 Authorities, No.2 of the
British Columbia Press
Council, Volume 2, Tab No.
19
78. The Saskatchewan Human Supplemental Brief of
Rights Code and Cases, Statutes, and Other
Regulations, R.S.S. 1989, Authorities, No.2 of the
c. 23, referred to at pp. British Columbia Press
34, 36, 59, 90, 105 Council, Volume 2, Tab No.
18
79. The Universal Declaration CJC Brief of Statute Law,
of Human Rights (1948), Tab No. 25
Article 19, referred to at
pp. 60, 61, 73, 74
80. United Kingdom Contempt of Not included
Court Act 1981, referred
to at p. 62
81. United Kingdom, Public Brief of Statute Law of
Order Act, 1986, ss. 17 - the British Columbia Press
23, referred to at pp. 51, Council, etc., new Tab No.
54, 57 5 (former Tab No. 179 in
Joint Brief of
Authorities)
Other Authorities
82. Adolf Hitler, Mein Kampf, Supplemental Brief of
(Boston: The Houghton Cases, Statutes, and Other
Mifflin Company), referred Authorities, No.2 of the
to at p. 136 British Columbia Press
Council, Volume 3, Tab No.
39
83. A. Adler, "What's Left? Brief of Other Authorities
Hate Speech, Pornography, of the British Columbia
and the Problem for Press Council, the B.C.
Artistic Expression", Civil Liberties
[1996] 84 California L.R. Association, and North
1499, referred to at pp. Shore News, new Tab No. 8
38, 51, 52 (former Tab No. 135 in
Joint Brief of
Authorities)
84. Anthony Lewis, Make No Supplemental Brief of
Law: The Sullivan Case Cases, Statutes, and Other
and the First Amendment, Authorities No. 1 of the
(New York: Random House, British Columbia Press
1991), referred to at p. Council, Tab No. 7
148
85. ARIZONA STATE LAW JOURNAL, Brief of Other Authorities
[Ariz. St. L.J.] of the British Columbia
Paternalism, Press Council etc., new
Counterspeech, and Campus Tab No. 3 (former Tab No.
Hate-Speech Codes: A 130 in Joint Brief of
Reply to Delgado and Yun, Authorities)
Charles R. Calleros,
referred to at pp. 152,
153
86. Black's Law Dictionary, Final Brief of Authorities
referred to at p. 37 of the British Columbia
Press Council, Tab No. 10
87. California Law Review Final Brief of Authorities
[Vol. 79:825] "A of the British Columbia
Libertarian Critique of Press Council, Tab No. 11
University Restrictions of (former Tab No. 143 in
Offensive Speech", David Joint Brief of
F. McGowan and Ragesh K. Authorities)
Tangri, referred to at pp.
144, 145, 146, 147, 148
88. Peter F. Carter-Ruck, Supplemental Brief of
Carter-Ruck on Libel and Cases, Statutes, and Other
Slander, 4th ed., (London: Authorities, No.2 of the
Butterworths, 1992), British Columbia Press
referred to at pp. 43, 45, Council, Volume 3, Tab No.
49, 50, 58 34
89. Edward J. Cleary, Beyond Supplemental Brief of
the Burning Cross, The Cases, Statutes, and Other
First Amendment and the Authorities, No.2 of the
Landmark R.A.V. Case British Columbia Press
(Toronto: Random House, Council, Volume 3, Tab No.
1994), referred to at p. 35 (Other Authorities)
28
90. Jonathon Green, The Supplemental Brief of
Encyclopedia of Cases, Statutes, and Other
Censorship, (New York: Authorities, No. 1 of the
Facts on File, 1990) at British Columbia Press
107 - 109, referred to at Council, Tab No. 3 (Other
pp. 137, 138, 139, 140 Authorities)
91. Frank E. Meile, "Giving Supplemental Brief of
the Devil His Due: Cases, Statutes, and Other
Holocaust Revisionism Authorities, No. 1 of the
as a Test Case for Free British Columbia Press
Speech and the Skeptical Council, Tab No. 18 (Other
Ethic" (1994), 2 Skeptic Authorities)
4, at 58 - 70, referred to
at pp. 134, 135
92. J M. Coetzee, Giving South African Materials
Offense: Essays on Prepared by the British
Censorship, (Chicago: The Columbia Press Council,
University of Chicago Tab No. 1 (Other
Press, 1996), referred to Authorities)
at 135, 136
93. Law Reform Commission of Supplemental Brief of
British Columbia, Report Cases, Statutes, and Other
on Defamation, LRC 1983 Authorities, No.2 of the
(October 1985) 83 referred British Columbia Press
to at p. 46 Council, Volume 3, Tab No.
40
94. Louise Silver, A Guide to South African Materials
Political Censorship in Submitted by the British
South Africa, Columbia Press Council,
(Johannesburg: University Tab No. 5 (Other
of the Witwatersrand, Authorities)
1984) referred to at pp.
31, 32, 44
95. Salman Rushdie, The Supplemental Brief of
Satanic Verses, referred Cases, Statutes, and Other
to at pp. 5, 6 Authorities No. 1 of the
British Columbia Press
Council, Tab No. 12
96. Susan Gellman, Hate Speech Brief of Other Authorities
and a New View of the of the British Columbia
First Amendment, (1995), Press Council, etc., new
24 Capital University L.R. Tab No. 4 (former Tab No.
309, referred to at pp. 131 in Joint Brief of
150, 151, 152 Authorities)
97. Taslima Nasrin, Shame, Supplemental Brief of
referred to at pp. 6, 7 Cases, Statutes, and Other
Authorities No. 1 of the
British Columbia Press
Council, Tab No. 11
98. Oron J. Hale, The Captive Brandeis Brief Material of
Press in the Third Reich, the British Columbia Press
(Princeton: Princeton Council Organized Pursuant
University Press, 1964), to the Tribunal Ruling of
referred to at pp. 140, June 4, 1997, Tab No. 2
141
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