Pub Bans and Sealing Orders

Pub Bans and Sealing Orders


Out-of-Home Marketing Association of Canada v. Toronto
The Ontario Court of Appeal set aside a sealing order, reversing the lower court's decision. Justice Epstein, writing for the court on the issue of the sealing order, states that "a request to have exhibits sealed implicates the open court principle, and must be approached with great care". Epstein J. finds that the applicant for the sealing order failed to meet the first part of the Dagenais/Mentuck test, which requires that the order be "necessary in order to prevent a serious risk to the proper administration of justice because reasonably alternative measures will not prevent the risk".

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.