Year: 2017


R v Millard and Smich 2015 ONSC 7561
In this ONSC decision from 2015, a publication ban was imposed, under s. 648(1), on all evidence adduced at pre-trial motions in the Tim Bosma murder case until the end of the trial in the Laura Babcock murder case. A verdict was handed down on December 16, 2017, allowing the publication of the reasons for which the pub ban was initially granted.


CBC and The Walrus Foundation v HMQ et al 2017 12 04
In an application under 487.3 of the Criminal Code, the Ontario Court of Justice ordered seven ITOs in respect of a murder investigation to be almost completely unsealed, rejecting the Crown (and respondent’s) argument that broad sealing orders should be continued in order to preserve fair trial rights, protect innocent persons or avoid compromising an ongoing investigation.


Stringam Denecky LLP v Sun Media Corporation 2017 ABQB 687
The ABQB overturned an earlier decision that would have compelled a journalist to identify their confidential source. It was held that the identity of the source was not relevant and material and did not have to be disclosed.


R v Wagner 2017 ONSC 6603
In granting this publication ban the Court comments on the distinction between the common law Dagenais/Mentuck test for a pub ban vs s. 486.5 of the Criminal Code.


Popovic c Labelle Cour Superieure du Quebec 27 September 2017
In this decision, the Quebec Superior Court ruled that the in camera nature of a pre-enquete under ss. 507.1 of the Criminal Code (private criminal complaint) does not carry over automatically to the application for judicial review (certiorari) of the decision dismissing the private complaint. The certiorari hearing is in principle public and the Dagenais/Mentuck test applies.