*Newspaper challenged Judicature Act which restricted publication of court proceedings in matrimonial disputes contrary to 2(b).
All stages of the Oakes test are considered contextually. Charter rights are not considered in a vacuum.
*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