Tel:  (416) 863-4274
Fax: (416) 863-2653

E-mail:  paul.schabas@blakes.com
Firm website: http://www.blakes.ca

A major portion of Mr. Schabas' practice involves acting for media clients on defamation and freedom of the press issues.  Paul has appeared as lead counsel for the Toronto Star on all of its recent libel trials.  He frequently appears before courts and tribunals on behalf of the media on issues involving access to courts, publication bans, and protecting reporters and newspapers from subpoenas, search warrants and other intrusive investigative tools.  Mr. Schabas recently acted on behalf of Southam Inc. and the Canadian Newspaper Association on a publication ban issue before the Supreme Court of Canada.  Mr. Schabas has also been involved in some of the leading Charter cases in the area of media law, including a constitutional challenge to the open courts provision of the Criminal Code, and two leading cases in Ontario dealing with Freedom of Information legislation - acting on behalf of the media.  He also has experience providing prompt pre-publication advice to media clients, and has published numerous articles on media law and freedom of expression.  In recent years, in the media field, Mr. Schabas has:

• successfully defended the Toronto Star in several defamation trials, three of which have been reported as precedents on issues relating to qualified privilege, fair comment, corrections and apologies (Silva, Murray Alter, Ungaro)

• represented Southam Inc. and the Canadian Newspaper Association on a publication ban matter before the Supreme Court of Canada (Smith v. Jones)

• appeared before the Ontario Court of Appeal on a constitutional challenge to the open courts provisions of the Criminal Code and Courts of Justice Act (Ontario) (French Estate v. Ontario)

• overturned publication bans and/or obtained access to courts, administrative hearings and court documents and obtained precedent-setting judgments (e.g., R. v. Brown, Thomson Newspapers, R. v. Van Seters, Kenney)

• appeared as counsel in leading of Freedom of Information cases on behalf of the press

• successfully represented Toronto Star on a leading copyright/fair dealing case (Allen v. Toronto Star)

Paul Schabas has appeared as counsel in many reported judgments.  The following are leading cases on which he has acted in the field of media law and free speech:

Smith v. Jones, [1999] S.C.R. (publication ban)

Canada (Human Rights Commission) v. Taylor, [1990] 3 S.C.R. 892, 75 D.L.R. (4th) 577 (freedom of expression - hate propaganda)

French Estate v. Ontario (Attorney General) (1998), 38 O.R. (3d) 347 (C.A.), 157 D.L.R. (4th) 144, 170 (constitutional Challenge - open courts)

Allen v. Toronto Star Newspapers Ltd. (1997), 36 O.R. (3d) 201 (Div.Ct. ) (copyright)

R. v. Morin (Re Commission on Proceedings Involving Guy Paul Morin) (1997), 32 O.R. (3d) 265 (C.A.), 143 D.L.R. (4th) 54 (publication ban)

Murray Alter Talent Associates Ltd. v. Toronto Star Newspapers Ltd. (1995), 124 D.L.R. (4th) 105 (Div. Ct.), 84 O.A.C. 261 (libel and slander - apology)

Thomson Newspapers Ltd. et al. v. The Queen (1994), 95 C.C.C. (3d) 437 (Ont. C.A.), 121 D.L.R. (4th) 42 (publication ban)

Ontario (Attorney General) v. Fineberg (1994), 19 O.R. (3d) 197 (Div. Ct.), 116 D.L.R. (4th) 498 (freedom of information - constitutional challenge)

Ontario (Solicitor-General) v. Ontario (Assistant Information and Privacy Commissioner) (1993), 102 D.L.R. (4th) 602 (Div.Ct.), appeal allowed (1993), 107  D.L.R. (4th) 454 (C.A.), leave to S.C.C. refused (freedom of information - personal information)

Silva v. Toronto Star Newspapers Ltd. (1998), 167 D.L.R. (4th) 554 (Ont. Ct. (Gen. Div.)) (defamation)

R. v. Brown (1998), 126 C.C.C. (3d) 187 (Ont. Ct. (Gen. Div.)) (publication ban)

Ungaro v. Toronto Star Newspapers Ltd. (1997), 144 D.L.R. (4th) 84 (Ont. Ct. (Gen. Div.)) (defamation)

R. v. Van Seters (1996), 31 O.R. (3d) 19 (Gen. Div.) (publicity - access to court records)

Toronto Star Newspapers Ltd. v. Kenney (1990), 33 F.T.R. 194 (F.C.T.D.) (constitutional challenge to closed refugee hearings)