June 22, 2017
R v Clow 2017 PESC 9

The CBC and The Guardian newspaper opposed a publication ban application brought by the Crown to prevent the use of a video recording of the statement of the accused, Joel Clow.

Justice Key agreed that the common law test to be used in this case was the Dagenais/Mentuck test.

There must be a convincing evidentiary basis for issuing a publication ban. The Crown, in this instance must show, on a balance of probabilities, that there is a serious risk which poses a serious threat to the proper administration of justice. The burden is on the Crown in this application.

The Court does not believe that without the publication ban there is a serious risk to the proper administration of justice.