Pub Bans and Sealing Orders
January 14, 2016
500-36-006633-138 2016 Court of Quebec
The Court of Quebec allows the media to publish information contained in an ITO to obtain a restraint or freeze order even if that same information is covered by a publication ban in the bail hearing and in the ongoing preliminary inquiry.
January 11, 2016
R v Nuttall 2016 BCSC 73
The judge in this criminal trial, dealing with a question of entrapment, held that the Dagenais/Mentuck analysis applies regardless of CSIS concerns over identifying a possible “CSIS human source”. The judge reversed an earlier decision to go in camera and released a transcript, redacting information identifying the source for their safety.
January 8, 2016
R v Barrett 2016 NSSC 11
Accused to stand trial on two separate counts of second degree murder. First trial to take place 9 months before second trial. Accused seeks a publication ban on evidence at the first trial until conclusion of his second trial. Application denied.
November 17, 2015
R v Clark 2015 ABQB 729
Several media outlets successfully applied to quash a publication ban that had been imposed at a preliminary inquiry in which the new sections 486.4(2.1) and (2.2) of the Criminal Code were cited.
November 6, 2015
R v Shawyer 2015 ABQB
This decision deals with Bill C-51 amendments to the Witness Protection Programs Act, and the recent enactment of the Safer Witnesses Act and a successful application for disclosure to the media.