During a first degree murder trial, the Crown sought a publication ban under s. 486.5 of the Criminal Code to prevent publication of information identifying the deceased victim, primarily to shield an elderly relative from learning distressing details of the death through media reporting.
The court held that the Dagenais/Mentuck framework governs discretionary publication bans even when sought under a statutory provision.
The Crown failed to establish that the order was necessary to prevent a serious risk to the proper administration of justice or that a significant public interest justified limiting openness.
The concern raised was characterized as a private interest unsupported by medical evidence demonstrating likely harm.
The interim publication ban was therefore set aside.
