The applicant, CBC on behalf of the complainant Jessica Donald, sought to revoke a discretionary non-identification order made under Section 486.4 of the Criminal Code.
The order had been made by a Justice of the Peace on her own motion.
The respondent, Kevin T. Evans, opposed the revocation.
The court considered whether Crown consent was a necessary precondition to revoking the order and concluded that it was not.
The court found that the complainant's express intention to have her identity disclosed constituted a material change in circumstances, and that maintaining the order in the face of the complainant's wishes would constitute paternalism.
The court revoked the order as it related to the complainant while maintaining it for other identified witnesses.
