Thursday, May 16, 2013

Publication ban on name of complainant can properly be made without notice to media

CBC v. Her Majesty The Queen, 2013 NUCJ 06: 

[20] I am satisfied that section 486.4 is applicable where the Crown only wants a publication ban on the name of the complainant. The order would usually be requested at the first appearance in court and there is no requirement to give notice to the media. However, where the Crown seeks to ban publication of the name of the accused or other details contain within the information in the court file or revealed in court, it must abide by the provisions of section 486.5 and give notice to the media as provided in 4 (b) above. 

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