The respondent newspaper challenged the constitutionality of s. 442(3) of the Criminal Code, which mandated a publication ban on the identity of a complainant in a sexual assault case upon request.
The Supreme Court of Canada held that while the mandatory ban infringed the freedom of the press under s. 2(b) of the Charter, it was a reasonable limit justified under s. 1.
The Court found that the objective of encouraging victims of sexual offences to come forward by protecting them from the trauma of publication was of pressing and substantial concern, and that a discretionary ban would not achieve this objective as it would deprive victims of certainty.
The Court also held that the provision did not infringe the accused's right to a public hearing under s. 11(d).
