What is a publication ban?

A publication ban is a court order that prohibits the publication, broadcast, or transmission of certain information that would otherwise be available in open court proceedings. The purpose of a publication ban is to protect the integrity and fairness of judicial proceedings or the privacy and safety of litigants or third parties.

On what basis can a publication ban be ordered?

The authority of a court to order a publication ban may come from legislation (e.g. the Criminal Code) or may be based on a court’s jurisdiction to control its own processes. Publication bans can be automatic (applies as a matter of law, without the court making an order), mandatory (applies as a matter of law once requested by the party specified in the statute), or discretionary (where the court exercises its discretion pursuant to an authorizing statute). Depending on the type of publication ban, it can be permanent or time-limited.

What are examples of publication bans?

A publication ban may prohibit the publication of any information that would identify a particular witness or victim in a criminal proceeding. In a family law proceeding, a publication ban may involve initializing the names of children. At bail hearings, publication bans apply to prohibit the publication of any details or evidence disclosed.

As a party on an appeal, what are my obligations with respect to publication bans?

If there was a publication ban or sealing order in the court below, parties should advise the Registrar of the existence and nature of any such publication bans that are in place. There are Court of Appeal Practice Directives linked below for Civil and Criminal matters that set out the expectations of the parties to advise the Court of any existing publication bans from the court below.

How are publication bans reflected in Court of Appeal judgments?

The Court has an obligation to ensure that reasons for judgment published on its website and distributed to legal publishers comply with any publication bans in effect. As such, information that is subject to a publication ban is removed or redacted from the judgment (e.g. using initials). Where there is a publication ban in effect, a notice will typically appear on the front page of the Court’s reasons for judgment, setting out the nature of the publication ban and the authority on which it has been ordered.

For more information:

• Section 1.3 of the Court of Appeal Record and Courtroom Access Policy
• List of Common Publication Bans (“Appendix B” of Access Policy)
• Practice Directive (Civil): Publication Bans and Sealing Orders
• Practice Directive (Criminal): Publication Bans