The Crown applied under s. 486.5 of the Criminal Code for publication bans to protect the identities of three witnesses (J.D., M.S., B.S.) in a murder re-trial.
The Crown argued that non-publication was necessary to prevent harm to the witnesses' reputations and rehabilitation efforts, and to encourage participation in the justice system.
The respondents opposed, asserting the paramountcy of the open court principle and the lack of an adequate evidentiary record.
The court dismissed the application, holding that the Crown's unsworn statements were insufficient to displace the presumption of openness, and that purely personal interests like emotional distress or embarrassment do not satisfy the necessity test for a publication ban.
