Statutory Publication Bans
The following is a non-exhaustive list of statutory provisions pursuant to which courts may order publication bans (current to July 2008):
Criminal Code- Section 486.4(1) and (2) - An order may be made under these sections to ban publication of any information that could identify a complainant or witness in a sexual offence proceeding.
- Section 486.4(3) - An order may be made under this section in a child pornography proceeding to ban publication of any information that could identify a witness who is under 18 years of age or the person who is the subject of child pornography.
- Section 486.5(1) - An order may be made under this section to ban publication of any information that could identify a victim or a witness.
- Section 486.5(2) - An order may be made under this section to ban publication of any information that could identify a justice system participant involved in proceedings with respect to certain offences, including criminal organization and terrorism offences.
- Section 517 - An order under this section bans publication of information arising 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 539 - An order under this section bans publication of evidence taken at a preliminary inquiry until the accused has been discharged or, if ordered to stand trial, the trial has ended. In cases where a file is transferred from the Provincial Court to the Supreme Court for the purposes of trial, the ban remains in force until the trial has ended. However, the ban does not apply to any evidence given during the trial.
- Section 65 - This section provides that where a young person is charged with a presumptive offence (which are the more serious offences such as murder, attempted murder, manslaughter and 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 with respect to any information that would disclose the identity of the young person.
- Section 75(3) - An order under this section bans publication of any information that would disclose the identity of a young person dealt with under the YCJA.
- Section 26 - An order may be made under this section to ban publication of evidence taken at an extradition hearing or a judicial interim release hearing until such time as the person is discharged or, if surrendered, the trial by the extradition partner has concluded.
