J. Stanton

The Crown brought an application for certiorari with mandamus in aid to quash a preliminary inquiry judge's order discharging the accused on charges related to human trafficking.

The accused had booked hotel rooms used by co-accused to exploit a 16-year-old complainant.

The Superior Court found that the preliminary inquiry judge committed jurisdictional errors by failing to consider the totality of the circumstantial evidence and failing to draw reasonable inferences favourable to the Crown regarding the accused's knowledge of the exploitation.

The application was granted, the discharge was set aside, and mandamus was issued directing committal for trial.

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.