Alberta Press Act Reference
The Alberta Press Act Reference refers to a significant 1938 Supreme Court of Canada decision that addressed the constitutionality of a provincial bill aimed at regulating news reporting in Alberta. The bill, known as the Accurate News and Information Act, was introduced by the Social Credit Party, led by Premier William Aberhart, in response to unfavorable newspaper coverage. This legislation required newspapers to publish government rebuttals to articles deemed unfair and disclose their sources, raising concerns about potential censorship and violations of press freedom. Before the bill could become law, Alberta's lieutenant governor sought a ruling from the Supreme Court regarding its validity. The Court ultimately struck down the bill, affirming the importance of freedom of the press as a cornerstone of Canadian democracy, and emphasized that local governments should be cautious in enacting laws that could hinder free political discourse. This landmark ruling reinforced the principle that a free press is essential for a healthy democracy, setting a precedent for the protection of journalistic independence in Canada.
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Alberta Press Act Reference
- DECIDED: 1938
- PLACE: Canada (national)
SIGNIFICANCE: This decision by the Supreme Court of Canada struck down a provincial bill restricting news reporting, thereby reaffirming freedom of the press in Canada.
The Alberta Press Act Reference court decision, also called the Reference Re Alberta Legislation, was a ruling on the constitutionality of a legislative bill (the Accurate News and Information Act) introduced in the provincial government of Alberta by the Social Credit Party, led by Premier William Aberhart. Unhappy at hostile newspaper coverage, Aberhart’s government introduced the Accurate News and Information Act, which many critics immediately denounced as an attempt to curtail freedom of the press. The bill required newspapers to publish the government’s rebuttal to any articles to which it objected as unfair. Government responses were to be given the same prominence within the newspapers that the original articles received. The bill also required newspapers to disclose to the government the identities of the sources they used in their stories. Before the bill was passed into law, however, Alberta’s lieutenant governor reserved the bill so that the Supreme Court of Canada could rule on its constitutionality. In the Alberta Press Act Reference, the Court ruled the bill unconstitutional and struck it down in a five-to-one vote. One of the voting judges noted the critical nature of free political discussion in Canada and suggested local governments should avoid legislation that impedes such freedoms.
Bibliography
Beaudoin, Gérald A. "Alberta Press Act Reference (1938)." The Canadian Encyclopedia, www.thecanadianencyclopedia.ca/en/article/alberta-press-act-reference-1938. Accessed 1 Dec. 2024.
"Bible Bill and the Press Act." Canadian History EHX, 20 June 2020, canadaehx.com/2020/06/20/bible-bill-and-the-press-act. Accessed 1 Dec. 2024.
Elliott, David R. "William Aberhart." The Canadian Encyclopedia, 7 June 2017, www.thecanadianencyclopedia.ca/en/article/william-aberhart. Accessed 1 Dec. 2024.
"Reference Re Alberta Statutes - The Bank Taxation Act; The Credit of Alberta Regulation Act; and the Accurate News and Information Act, 1938 CanLII 1 (SCC), [1938] SCR 100." CanLII, www.canlii.org/en/ca/scc/doc/1938/1938canlii1/1938canlii1.html. Accessed 1 Dec. 2024.