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Edmonton Journal v. Alberta (Attorney General), [1989] 2 SCR 1326

Facts:

*Newspaper challenged Judicature Act which restricted publication of court proceedings in matrimonial disputes contrary to 2(b).

Ratio:

All stages of the Oakes test are considered contextually. Charter rights are not considered in a vacuum.

Analysis:

*Cory J. uses a more abstract approach, arguing that limitation violates the right’s historical development of political and social institutions
*Wilson J. adopts more contextual approach and focuses the analysis to the violation of matrimonial disputes as balanced against the public’s right to an open court process
**“Freedom of the press” will then have a different meaning in criminal context as contrasted with a family context
*A value at large should not be measured against a value in context
*Contextual approach “brings into sharp relief” the aspect of the right truly at stake, as well as any competing values


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