Frederick S. Kozak

The appellant challenged an order granting a mandatory interlocutory injunction requiring removal of identifying information about a young victim after a publication ban.

The Court held that for mandatory interlocutory injunctions, the first step requires a strong prima facie case, not merely a serious issue.

Because the Crown sought the injunction within a criminal contempt proceeding, it had to show a strong prima facie case of criminal contempt and failed to meet that burden.

The trial judge applied the correct framework, so appellate intervention was not warranted.

Media organizations challenged the constitutionality of the mandatory publication ban on bail hearing information under s. 517 of the Criminal Code, arguing it unjustifiably infringed freedom of expression under s. 2(b) of the Charter.

The Supreme Court of Canada upheld the constitutionality of the provision.

The Court found that while the mandatory ban limits freedom of expression, it is justified under s. 1 of the Charter.

The ban's objectives of safeguarding the right to a fair trial and ensuring expeditious bail hearings are pressing and substantial.

The mandatory nature of the ban is rationally connected to these objectives, minimally impairs freedom of expression given its temporary nature and limited scope, and its salutary effects outweigh its deleterious effects.