What is a criminal proceeding?

Canadian Broadcasting Corporation v. Ontario, 2011 ONCA 624 decides that for a matter to be 'criminal' so as to fall under criminal procedure there must be some ongoing criminal matter before the Court. The Court rules:

[16]         It is important for the administration of justice that litigants be able to readily determine the appropriate forum in which to bring a proceeding, including an appeal.  Appeals are purely creatures of statute:  see R. v. Meltzer, [1989] 1 S.C.R. 1764, at p. 1773.  Appeals in civil matters are governed by provincial legislation, most notably the Courts of Justice Act.  Appeals in criminal matters are governed by federal legislation, most notably the Criminal Code:  see Kourtessis v. Canada (Minister of National Revenue – M.N.R.), [1993] 2 S.C.R. 53, at pp. 69-75.  The characterization of a proceeding as civil or criminal is, therefore, a crucial first step in determining the appropriate forum, if any, in which to launch an appeal.

[17]         Usually, it will not be difficult to distinguish a criminal proceeding from a civil proceeding.  An application for an order made in the course of a criminal proceeding, an application for an order directly impacting on an ongoing or pending criminal proceeding, or an application for an order rescinding or varying an order made in a criminal proceeding will all be criminal proceedings:  see Canadian Broadcasting Corp. v. The Queen, [2011] 1 S.C.R. 65; R. v. Adams, [1995] 4 S.C.R. 707; Dagenais; French Estate v. Ontario (Attorney General) (1998), 122 C.C.C. (3d) 475 (Ont. C.A.), leave to appeal to S.C.C. refused, [1998] S.C.C.A. No. 139.

[18]         The order under appeal does not fit into any of the categories set out above.  It was not made in the course of a criminal proceeding and has no effect on any ongoing criminal proceeding.  Indeed, there is no ongoing criminal proceeding.  Nor does the order obtained by the CBC rescind or vary any order made in a criminal proceeding.  The only order made in the criminal proceeding that could potentially be affected is the non-publication order made at the bail hearing.  However, all counsel agree that the non-publication order ended with the acquittal.