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Automatic Publication Bans

Certain publication bans are in effect by operation of statute and do not require an order of the court. The following is a list of some of these bans (current to July 2008):

Criminal Code
  • Section 276.3(1) - This section makes it a criminal offence to publish information from a hearing held under s. 276.1. A hearing under s. 276.1 may be held in sexual offence proceedings to determine the admissibility of evidence regarding the sexual conduct of a complainant. The ban on publication also applies to the decision of the judge on the application unless he or she determines that the decision can be published.
  • Section 278.9(1) - This section makes it a criminal offence to publish information from a hearing held under s. 278.3. A hearing under s. 278.3 may be held in sexual offence proceedings where an accused person seeks to obtain records pertaining to a complainant or a witness. The ban on publication also applies to the decision of the judge on the application unless he or she determines that the decision can be published.
  • Section 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.
  • Section 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.
  • 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 s. 672.51) that is withheld or any parts of the proceeding from which the accused was excluded.
Youth Criminal Justice Act (YCJA)
  • Section 110(1) - This section provides that no person shall publish the name of, or any other information related to, a young person if it would identify the young person as dealt with under the YCJA. This ban does not apply where the information relates to a young person who has received an adult sentence. The ban may also not apply in circumstances where the young person has been convicted of a presumptive offence and the court has imposed a youth sentence. However, the judge has the discretion in such cases to impose a publication ban pursuant to s. 75. Presumptive offences include murder, attempted murder, manslaughter, and aggravated sexual assault.
  • Section 111(1) - This section provides that no person shall publish the name or other identifying information with respect an individual 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 (SOIRA)
  • Section 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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