The e-mail message will advise the editor of any proposed application for a
discretionary publication ban or Order restricting full reporting of court proceedings.
The issues surrounding
publication bans in Ontario would undoubtedly have a higher profile if everyone involved in the process did not have a vested interest in keeping things quiet.
Judge sentences man to year of probation and fine for breaking
publication ban on Facebook, Canadian Press
So now the court reporters are responsible to ensure those recordings of the proceeding DO NOT go to anyone unauthorized an ACT, as we all know «typist» were given the recordings to type the transcript, They were never authorized, so now the record and the privacy /
publication bans ordered, the administration of justice is protected and holds the court reporters / transcriptionists RESPOINSIBLE, the undertaking makes that clear.
It is the responsibility of members of the public who attend court proceedings or access court judgments to inform themselves of the circumstances under
which publication bans may be in effect and to ensure compliance with those bans.
Both the judiciary and the Ministry should examine the whole process whereby judgments are distributed to the public to ensure that the judiciary and the Ministry have taken the necessary steps to
make publications bans effective and not pass the buck to the publishers.
If we truly believed in protecting the innocent and supporting those falsely accused of crimes, should we not be
imposing publication bans on the defendant's name until such time as a guilty verdict is rendered?
Publication Ban For all offences there is a discretionary general
publication ban available on application of the Crown, victim or witness to prohibit the publishing of «any information that could identify the victim or witness» under s. 486.5 (1) where it is «necessary» for the «proper administration of justice».
Missing entirely from the discussion on the website is any indication that anyone in the Ministry really understands
publication bans at the «nuts and bolts» level where courts and the Ministry of the Attorney General physically distribute judgments to legal publishers for the purpose of making them available online.
There have been very serious privacy concerns, the privacy of the parties in the matters has been put in jeopardy, along with putting the administration of justice in jeopardy, simply put, even the recordings of the matters
with publication bans on them were easily given out to «typist» with no security check, confidential agreements, and who do / did NOT have employment with the Ministry as court reporters.
When the Canadian Islamic Congress attempted to use the «human rights» commissions to impose a de facto
lifetime publication ban on me in my own country, the larger issue became freedom of speech.
This appeal was released on the following
publication ban basis: «There is a ban on the publication of evidence, under ss.
There were instances of witness intimidation by the media, and witnesses were filmed even
when publication bans were in place.
Litigants, in family matters or otherwise, can
seek publication bans or request that a Court require that reporting of cases be done with initials only.
At the TMC the Defendant asked for various orders including an adjournment of the upcoming trial and a
partial publication ban of the trial.
Having outed dozens of defendants over her storied career — many of whom were convicted of heinous crimes but a minority were found not guilty at the conclusion of their trials — Blatchford first began to question publicly the inequity of one -
sided publication bans back in September of 2013.
There is a
mandatory publication ban in all youth prosecutions on information tending to identify young accused under s. 110 of the YCJA or young victims under s. 111 of the YCJA.
in my previous non-ontario jurisdiction, we were actually informed of a
statutory publication ban by a member of the local press after the release of a decision.
The recent decision of Justice Dougald McDermid to impose a
temporary publication ban in the trial of those accused of murdering Victoria Stafford has caused a considerable furore.
In addition to the presiding judge's discretion to control court proceedings to ensure a fair trial, provisions in various federal and provincial laws «permit or
require publication bans».
@NeilMeyer You can sue for defamation, but I doubt that they will let you use a lot of that testimony - there are tons of rules which may disallow it, and then add on top of that things such
as publication bans.
As is routine in sexual assault cases, the identities of the complainants and key crown witnesses in the case are protected by a
sweeping publication ban creating an imbalanced one - sided shield of anonymity — an imbalance that prompted Blatchford to conduct an intriguing «social experiment».
On the other hand, as Christie Blatchford pointed out in the Post last night, a criminal complaint would likely provide them with greater protection from such attacks (as a result of the
inevitable publication ban on the name of the victims) then the mess that's playing out now — I assume they will be named in Mr. Ghomeshi's civil suit.
We can not post the transcripts as a whole on ABlawg because they contain the name of the complainant and the
usual publication ban for sexual assault matters applies.
A witness, victim or complainant may also
request publication bans (s. 486.4, 486.5) and / or a Witness Identity Non-disclosure Order (s. 486.31).
Other available
publication bans include prohibitions for publishing evidence or other information arising from a bail hearing (s. 517), preliminary inquiry (s. 539) or jury trial (s. 648).
so, could the responsibility for ensuring the integrity of the decisions with respect to
publication bans rely on whether the judiciary or the AG would be considered the «crown» of crown copyright?
to avoid a repeat of that incident, one of the items on our pre-filing / distribution checklist was to determine if there were any
extant publication bans.
Although much of the commentary on this case has focused on how the Court has modified the historic test used for injunctions, few have looked at other aspects of the ruling, including the enforceability of statutory
publication bans online.
In addition, bail decisions and reasoning will often not be available for public scrutiny until after the trial owing to extensive
pretrial publication bans.
The Attorney General for England and Wales has said that he is considering imposing liability on Internet Service Providers to
enforce publication bans and to prevent publication of information that could prejudice a person's right to a fair trial.
The Publication Ban Notification Project provides the public with timely information regarding applications for
discretionary publication bans or to exclude the public from the courtroom.
Immigration: Refugees
Publication ban in this case, in the context of refugee / people smuggling.
The Supreme Court last year heard two appeals together, dealing
with publication bans, and judgment is expected soon: R. v. White 2008 ABCA 294 (SCC docket # 32865) and Toronto Star Newspapers Ltd. v. Canada 2009 ONCA 59.