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| Publication Ban Notification Pilot Project |
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Bans Ordered in Provincial Court
Some bans ordered in Provincial Court will be added to this website when the file is transferred to Supreme Court. These include bans ordered pursuant to the following statutory provisions:
- Section 486.4(1) Criminal Code - An order under this section
may be made in cases involving sexual offences to ban publication of
any information that could identify a complainant or a witness.
- Section 486.4(2) Criminal Code -
An order under this section may be made in cases involving sexual offences
to ban publication of any information that could identify a complainant
or any witness under the age of 18.
- Section 486.4(3) Criminal Code -
An order under this section may be made in cases involving child pornography
to ban publication of any information that could identify a witness
who is under 18 years of age, or any person who is the subject of a
representation, written material, or a recording that constitutes child
pornography.
- Section 486.5(1) Criminal Code -
Unless an order has been made under s. 486.4, an order may be made under
this section. An order under s. 486.5(1) bans publication of any information
that could identify a victim or a witness.
- Section 486.5(2) Criminal Code-
An order under this section bans publication of any information which
could identify a justice system participant who is involved in proceedings
in respect of an offence referred to in 486.2(5)
- Section 486(3) Criminal Code - This section of the Criminal
Code has been replaced, however, bans ordered pursuant to it may still
be in place. An order under this section bans publication of the identity
of a complainant or a witness and any information that could disclose
the identity of the complainant or a witness.
- Section 486(4.1) Criminal Code -
This section of the Criminal Code has been replaced, however, bans ordered
pursuant to it may still be in place. An order under this section bans
publication of any information which could disclose the identity, of
a victim, witness or justice system participant.
- Section 517 Criminal Code - An
order under this section bans the publication of the evidence and information
given to the court during a bail hearing as well as the reasons given
by the judge until the accused is discharged or, if ordered to stand
trial, the trial has ended.
- Section 75(3) Youth Criminal Justice
Act - An order under this section bans the publication of the identity,
or any information that could disclose the identity, of a young person
dealt with under the YCJA. The general rule under the YCJA is that the
identity of any youth dealt with under the YCJA is subject to a publication
ban. However, once an adult sentence is imposed, this publication ban
no longer applies (see section 110(2)(a)). The publication ban is also
lifted where the young person is convicted of a presumptive offence
(these are the more serious offences such as murder, attempted murder,
manslaughter, aggravated sexual assault) but has received a youth sentence
(see section 110(2)(b)). However, in these cases, section 75 requires
the court to inquire whether the young person or the Crown wishes to
seek a publication ban.
- Section 65, Youth Criminal Justice
Act - This section provides that where a young person is charged
with a presumptive offence (these are the more serious offences such
as murder, attempted murder, manslaughter, aggravated sexual assault)
but the Crown advises the court that it will not be seeking an adult
sentence, the court must order a publication ban on the identity, or
any information that would disclose the identity, of the young person.
- Section 672.51(11) - This section
deals with disposition hearings under Part XX.1 (Mental Disorder) of
the Criminal Code and prohibits the publication of any disposition information
(as defined in section 672.51) that is withheld or any parts of the
proceeding from which the accused was excluded.
Provincial Court Publication Bans Not Included on the Website:
Publication bans ordered in Provincial Court pursuant to section 539
of the Criminal Code will not be included on the website.
Section 539 provides that evidence given at a preliminary inquiry should
not be published until the accused has been discharged or, if ordered
to stand trial, the trial is ended. Therefore, in cases where the file
is transferred to Supreme Court for the purposes of the trial, the ban
remains in force until the trial has ended. However, the ban does not
apply to any evidence that is given during the trial.
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