Publication Bans 1996



SUMMARY OF PROPOSALS

1.   That sections 486(3) and 486(4) of the Criminal Code be retained in their current form.

2.   That section 486(1) be retained in its current form.

3.   That section 487.2 be retained in its current form.

4.   That sections 517 and 539 be amended to remove the requirement of a mandatory publication ban order at the request of the accused.

5.   That the Criminal Code be amended to provide for an application to seek a publication ban prior to trial. The section should require that the trial judge hear such an application and only if he or she is not identified can the application be heard by a judge of the provincial superior court.

6.    That the Criminal Code be amended to include a provision enabling the party seeking a publication ban on criminal proceedings to apply for an ex parte order for direction as to which, if any, media organizations in the judicial centre should be given notice. The provision could also state that if this is done, the notice requirement has been satisfied and other media who wish to be heard ought to appear before the presiding judge and seek leave.

7.   That no special rules be crafted respecting standing to third parties in applications for a publication ban. If a party not directly notified of such an application appears at the hearing, its ability to participate and the extent of that participation, if any, may be assessed in accordance with the developed law relating to third party standing.

8.   That the Criminal Code be amended to provide for an appeal from an order prohibiting publication to the provincial Court of Appeal with leave regardless of whether it was issued in a summary conviction or indictable matter.

9.   That the existing provisions be amended to prohibit every one from making information covered by a non-publication order available to the public by any means.

10.   That a person charged with contravening a non-publication order not be permitted to raise a lawful excuse.

11.   That every media or telecommunications company be prohibited from publishing information that it knows or ought to have known to be subject to a non-publication order.

12.   That a person who contravenes a non-publication order made on the basis of a power conferred under the Criminal Code or the common law be guilty of an offence punishable by imprisonment for two years less a day in the case of an indictable offence and six months on summary conviction.

That the fine that can be imposed on corporations be raised.

13.   That a court that convicts a person of contravening a non-publication order have the power to require him or her to reimburse the parties' costs related to the criminal proceedings that were incurred due to the contravention, and that the court permit the parties to make any necessary representations in this respect.

14.   That the Criminal Code be amended to include a part relating exclusively to orders for a publication ban.

Next Annual Meeting

2018 Conference (Centennial)

Delta Hotel

Québec City, QC

August 12 - 16, 2018