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Automatic Publication Bans

Certain publication bans are in effect by operation of statute and do not require an order of the court. The following is a list of some of these bans (current to August 2022):

Criminal Code
  • Section 278.9(1) - This section makes it a criminal offence to publish information regarding an application under s. 278.3 or a hearing under 278.4(1) or 278.6(2). These applications and hearings are required in sexual offence proceedings where an accused person seeks to obtain records pertaining to a complainant or a witness. The ban on publication also applies to the determination and reasons of the judge on the application unless the judge determines that the decision can be published.
  • Section 278.95(1) - This section makes it a criminal offence to publish information regarding an application made under s. 278.93 or a hearing held under s. 278.94. These applications and hearings are required in sexual offence proceedings to determine the admissibility of evidence under s. 276(2) (sexual activity of the complainant) or s. 278.92(2) (records of the complainant that are in the accused’s possession or control). The ban on publication extends to the decision of the judge under s. 278.93(4) unless the judge determines that the decision can be published.  It also applies to the determination and reasons of the judge under s. 278.94(4) unless the determination is that the evidence is admissible or the judge orders that the decision can be published.
  • Section 542(2) - This section makes it a criminal offence to publish a report that an admission or confession was given in evidence at a preliminary inquiry unless the accused has been discharged or, if the accused is ordered to stand trial, the trial has ended.
  • Section 648(1) - This section makes it a criminal offence to publish information about any portion of a jury trial which takes place in the absence of the jury before the jury begins deliberations on its verdict.
  • Section 672.51(11) - This section deals with disposition hearings under Part XX.1 (Mental Disorder) of the Criminal Code and prohibits the publication of any disposition information (as defined in s. 672.51) that is withheld or any parts of the proceeding from which the accused was excluded.
Youth Criminal Justice Act (YCJA)
  • Section 110(1) - This section provides that no person shall publish the name of, or any other information related to, a young person if it would identify the young person as dealt with under the YCJA. This ban does not apply where the information relates to a young person who has received an adult sentence.
  • Section 111(1) - This section provides that no person shall publish the name or other information with respect to a child or young person iif it would identify that individual as having been a witness or victim in connection with an offence committed or alleged to have been committed by a young person.
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