Lesley Tokar, facing charges under the Fish and Wildlife Conservation Act, brought a motion for a common law publication ban to protect private medical information he intended to share during his trial.
The Crown opposed the motion.
The court applied the three-part Sherman test, which requires demonstrating a serious risk to an important public interest, necessity of the order, and proportionality.
The court found that Mr. Tokar failed to establish a serious risk, as his medical information was not central or necessarily relevant to the strict liability offences charged, and his claims of professional repercussions lacked specific evidence.
The motion for a publication ban was denied.
