Pub Bans and Sealing Orders

Pub Bans and Sealing Orders


R. v. Sipes 2011 BCSC 1329
The B.C. Supreme Court ruled that a publication ban application under s. 486.5 of the Criminal Code was not governed by the Dagenais/Mentuck test, although the test provided guidance in interpreting and analysing the s. 486.5 criteria. The Court granted a ban on publication of the identity of five inmate witnesses, four of whom were serving life sentences for murder. However, the Court denied a publication ban sought by a lawyer who had acted for some of the accused and was awaiting trial on a charge of participating in the activities of their alleged criminal organization. In this instance the Court found the Dagenais/Mentuck test to be the appropriate legal framework within which to analyse the application for a publication ban.

Pub Bans and Sealing Orders


R. v. Rafferty 2010
The Crown applied for direction from the court regarding the extent to which an automatic publication ban, provided for under s. 648 of the Criminal Code of Canada, would apply to pretrial motions and applications, in Michael Rafferty`s trial for the murder of Victoria Stafford. Justice Heeney of the Ontario Superior Court ordered a blanket publication ban on all pre-trial motions and applications, with the option for the media to apply for leave to publish. A blanket publication ban with the option to apply for leave to publish provides the appropriate mechanism both to ensure compliance with applicable statutory bans, as well as to act as a temporary stay on publication until such time as a publication ban hearing can be held and the merits of a common law ban determined.

Pub Bans and Sealing Orders


R. v. McClintic 2010 ONSC 2944
The Ontario Superior court granted a temporary publication ban on information that mentioned or referred "in any way either directly or indirectly to anything stated directly or indirectly in court about Michael Thomas Christopher Stephen Rafferty" at the trial of Terri-Lynne Ruth McClintic. The ban is no longer in effect as the trial of Mr. Rafferty has been completed and a verdict has been rendered.