This appeal concerns the application of a non-publication order under section 486.5(9) of the Criminal Code.
The Court of Appeal for Ontario analyzed the Dagenais/Mentuck/Sherman Estate test for discretionary publication bans, balancing privacy interests against the open court principle.
The court confirmed that the mandatory publication ban under section 486.5(9) applies to information related to the application for the ban itself, and amended the lower court's order to explicitly include this mandatory ban.