New Brunswick Broadcasting Company, carrying on business under the name of MITV, had made a request to film the proceedings of the Nova Scotia House of Assembly with its own camera or one provided by the speaker.

New Brunswick Broadcasting Co. commenced a proceeding in the Supreme Court of Nova Scotia, Trial Division against the appellant seeking an order "allowing MITV to film the proceedings of the House of Assembly with its own cameras or by the Speaker providing full television coverage to all members of the television media, or otherwise".

Sopinka J argued that the exercise of the historic privilege in issue in this appeal was a pressing and substantial objective, which was to maintain order and decorum and ensure the smooth functioning of the legislative assembly.

The present restriction on the number and location of cameras was rationally connected with the objective, and the alleged intrusion on the freedom of the press was not out of proportion to it.

Justice Cory concluded that the complete ban on cameras is not essentially necessary to the House's operation and "exceeded the jurisdiction inherent in parliamentary privilege."