Pub Bans and Sealing Orders
August 15, 2016
Canadian Broadcasting Corporation – Radio-Canada v Canada (Attorney General) 2016 FC 933
The Federal Court found that the Court Martial Administrator erred in finding that publication bans required the redaction of the names of the complainants when providing access to the requested court martial decisions to the media.
July 20, 2016
Ben Aissa Judgment 2016 Quebec Superior Court
This decision of the Quebec Superior Court (in French) confirms that the lower court judge made no reviewable error in holding that a publication ban issued at a bail hearing or a preliminary inquiry does not automatically apply to information in an ITO, even if that information is the same as the evidence tendered at either the bail hearing or preliminary inquiry.
July 20, 2016
2016 Quebec Superior Court Djermane Judgment
This decision of the Quebec Superior Court (in French) upholds the lower court decision in which the judge denied an application for a publication ban on sworn statements in support of search warrants. The lower court judge also found that the expert report lacked the basic qualities that would allow her to admit it into evidence as per the Mohan test.
June 30, 2016
HMQ v Postmedia Network Inc et al 2016 SKPC 089
The SKPC refused to grant a mandatory publication ban and determined that Section 486.4(2.2) of the Criminal Code is unconstitutional. Judge Martinez also refused to grant a discretionary publication ban under Section 486.5 of the Criminal Code.
May 31, 2016
2016 Quebec Superior Court Ghalmi Judgment
Representatives for several media were successful in obtaining a copy of a sworn statement presented ex parte by an RCMP officer to a Quebec Court judge tasked with issuing a summons under s. 810 of the CCC.