Pub Bans and Sealing Orders

Pub Bans and Sealing Orders


National Bank Financial Ltd. v. Potter
The Halifax Herald and the CBC opposed an application by a witness in a civil action for a Confidentiality Order. The Supreme Court of Nova Scotia dismissed the application for the Confidentiality Order, and found that "the deleterious effects of the Confidentiality Order requested would outweigh the speculative positive effects of granting such an order."

Pub Bans and Sealing Orders


R. v. Larue
A Yukon court refused to grant a publication ban on the trial of a co-accused in a first degree murder trial, after finding that the application was "seriously lacking in terms of the evidence required of a party seeking a publication ban". Justice Gower states that "while the accused is entitled to a "fair" trial, he is not entitled to the most favourable trial possible" and that alternative measures exist to protect the co-accused's fair trial rights.

Pub Bans and Sealing Orders


R. v. Gregson
Justice Rutherford ordered that "any personal electronic device [PED] ...must, subject to the terms of this order, be turned off while Court is in session." However, Rutherford J., provided that "a journalist who is from a recognized media organization may obtain permission in writing from the presiding judge to use the PED..." upon completion and Court approval of the application attached as an Annex to his Order.

Pub Bans and Sealing Orders


Erdmann v. Institute of Chartered Accountants of Alberta
The Court of Appeal of Alberta denied a publication ban on an appeal from an administrative proceeding on the basis that the applicant had "not demonstrated any compelling reason to seal (the) file". The applicant had been seeking an order to have the files of the Court of Appeal sealed, that she be permitted to prosecute her appeal under a pseudonym, and that the oral argument of the appeal be held in camera.

Pub Bans and Sealing Orders


R. v. Schertzer et al
Justice Pardu held that in principle, "in this era of newspapers on the internet", journalists should be able to transmit information from court whether they do so by stepping into the hall for a moment, or doing so unobtrusively in the courtroom. Provided that the proceedings are not disrupted, this means the ability to use Blackberries, laptop computers and similar devices from inside the courtroom, and to use those devices to record any portions of the proceedings in which they are interested for the purposes of supplementing or replacing handwritten notes.