Supreme Court - Statutory Publication Bans

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Statutory Publication Bans

The following is a non-exhaustive list of statutory provisions pursuant to which courts may order publication bans in criminal or extradition proceedings (current to August 2022):

Criminal Code

Section 486.4(1) and (2) - An order may be made under these sections to ban publication of any information that could identify a complainant or witness in a sexual offence proceeding.
Section 486.4(2.1) and (2.2)- An order may be made under these sections to ban publication of any information that could identify a complainant under the age of 18 in a proceeding with respect to an offence not listed in 486.4(1).
Section 486.5(1) - An order may be made under this section to ban publication of any information that could identify a victim or a witness.
Section 486.5(2) - An order may be made under this section to ban publication of any information that could identify a justice system participant involved in proceedings with respect to certain offences, including criminal organization and terrorism offences.
Section 517 - An order under this section bans publication of information arising during a bail hearing, as well as the reasons given by the judge, until the accused is discharged or, if ordered to stand trial, the trial has ended.
Section 539 - An order under this section bans publication of evidence taken at a preliminary inquiry until the accused has been discharged or, if ordered to stand trial, the trial has ended. In cases where a file is transferred from the Provincial Court to the Supreme Court for the purposes of trial, the ban remains in force until the trial has ended. However, the ban does not apply to any evidence given during the trial.
Section 631(6) - An order may be made under this section to ban publication of the identity of jurors where such an order is necessary for the proper administration of justice.

Extradition Act

Section 26 - An order may be made under this section to ban publication of evidence taken at an extradition hearing or a judicial interim release hearing until such time as the person is discharged or, if surrendered, the trial by the extradition partner has concluded.

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