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| Publication Ban Notification Pilot Project |
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AUTOMATIC BANS
Automatic bans are those bans which are in effect by operation of statute. They do not require an order of the court or an application of the parties to be effective. They include the following statutory provisions:
Criminal Code of Canada;
- s. 276.3 (1) - This section makes it a criminal offence to publish information from a hearing under section 276.1. A hearing under section 276.1 may be held in cases involving sexual offences to determine whether evidence regarding the prior sexual conduct of a complainant can be admitted during the trial. The ban also applies to the decision of the judge on the application unless he or she determines that the decision can be published.
- s. 278.9(1) - This section makes it a criminal offence to publish information from a hearing held under section 278.3 to obtain records pertaining to a complainant or a witness. A hearing under section 278.3 may be held in cases involving sexual offences. The ban also applies to the decision of the judge on the application unless he or she determines that the decision can be published.
- s. 542(2) - This section makes it a criminal offence to publish an admission or confession that was given in evidence at a preliminary inquiry unless the accused has been discharged or, if the accused is ordered to stand trial, the trial has ended.
- s. 648(1) - This section makes it a criminal offence to publish information about any portion of a jury trial which takes place in the absence of the jury before the jury begins deliberations on its verdict.
- s. 672.51(11)- This section bans the publication of any assessment report provided to the court during a disposition hearing held after a verdict of not criminally responsible on account of mental disorder or unfit to stand trial is given in respect of an accused.
Youth Criminal Justice Act (YCJA),
- s. 110(1) - This section provides that no person shall publish the name of, or information related to, a young person if it would identify the young person as dealt with under the YCJA. However, publication is permitted when a young person has received an adult sentence. In some cases, publication may also be permitted where the youth has been convicted of a presumptive offence and the crown sought an adult sentence but the court imposed a youth sentence. However, the judge has the discretion in these cases to impose a publication ban (see s. 75). Presumptive offences include first and second degree murder, attempted murder, manslaughter, aggravated sexual assault and serious violent offences committed by a young person who has attained the age of 18 years.
- s. 111(1) - This section provides that no person shall publish the name of someone under the age of 18 who has been a witness or victim in connection with an offence committed or alleged to have been committed by a young person.
Sex Offender Information and Registration Act
- s. 16(4) - This section provides that no person shall disclose any information that is collected pursuant to an order under SOIRA or the fact that information relating to a person is collected under SOIRA.
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