Arvay Finlay recently appeared in the Supreme Court of Canada in a challenge to federal legislation that imposes a blackout on reporting results from polling stations in Eastern Canada until the polls close in Western Canada. Arvay Finlay represented ten of the most important media concerns in Canada, who retained the firm to seek interveners' standing and to present argument regarding freedom of expression and freedom of the press.
The case concerned Paul Charles Bryan, a B.C. resident who, during the 2000 general election, openly defied the ban in the Canada Elections Act. Bryan published the results from ridings in Atlantic Canada on his website while polls remained open in B.C. At trial, he challenged the law as being contrary to his freedom of expression, as guaranteed under the Canadian Charter of Rights and Freedoms.
The case reached the Supreme Court of Canada following a split-decision of the B.C. Court of Appeal. On behalf of the media group, Joseph Arvay, Q.C. presented written and oral argument related to the law's unconstitutional effects.
If the appeal is successful, and if judgment is rendered prior to the next federal election, the same election news will be available to all Canadians, coast-to-coast, on the night of the election irrespective of whether the polls in a particular electoral district are still open or closed at the time.
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