Media appellants challenged the application of the automatic publication ban in s. 648(1) of the Criminal Code to pre-empanelment proceedings in two unrelated criminal cases.
In the first case (Silva), the ban was imposed on a Garofoli application and a motion for a stay of proceedings for abuse of process.
In the second case (Coban), media sought a declaration that s. 648(1) applied only after the jury was empanelled.
The Supreme Court of Canada held unanimously that s. 648(1) applies before the jury is empanelled to matters dealt with pursuant to s. 645(5), which confers on trial judges jurisdiction to deal with matters that would ordinarily or necessarily be dealt with in the absence of the jury after it has been sworn.
Both appeals were dismissed.
