September 13, 2016
2016 SKQB 300
The SKQB quashed the order of the lower court which prohibited publication of any information that might identify the deceased victim of the offence for which the respondent, Kaylon Stonne, was charged.
CTV and the Saskatoon Star Phoenix successfully argued that the provincial court judge, who had granted the publication ban, erred on several points, including, but not limited to:
1) Failing to apply the Dagenais/Mentuck test;
2) Allowing the accused to make an application under s. 486.4(2.1) of the Criminal Code of Canada for a publication ban;
3) Granting a publication ban without any evidentiary foundation as to the benefits of such a ban to the victim.