W A R N I N G
The President of the panel hearing this appeal directs that the following should be attached to the file:
An order restricting publication in this proceeding under s. 539(1) and (3) of the Criminal Code shall continue. These sections of the Criminal Code provide:
s. 539(1) Prior to the commencement of the taking of evidence at a preliminary inquiry, the justice holding the inquiry
(a) may, if application therefore is made by the prosecutor, and
(b) shall, if application therefore is made by any of the accused,
make an order directing that the evidence taken at the inquiry shall not be published in any newspaper or broadcast before such time as, in respect of each of the accused,
(c) he is discharged; or
(d) if he is ordered to stand trial, the trial is ended.
(3) Everyone who fails to comply with an order made pursuant to subsection (1) is guilty of an offence punishable on summary conviction.
DATE: 20061211
COURT OF APPEAL FOR ONTARIO
O’CONNOR A.C.J.O., MACPHERSON and GILLESE JJ.A.
B E T W E E N :
DOCKET: C43273
HER MAJESTY THE QUEEN (Appellant)
Alison Wheeler for the Crown
- and -
M.S. (Respondent)
James Lockyer and Geoff Chesney for M.S.
A N D B E T W E E N :
DOCKET: C43271
HER MAJESTY THE QUEEN (Respondent)
- and -
M.S. (Appellant)
Heard: September 11, 2006
On appeal from the judgment of Justice Robert A. Clark of the Superior Court of Justice dated February 22, 2005, with reasons reported at [2005] O.J. No. 650, dismissing two applications for certiorari in respect of the judgment of Justice Jon‑Jo Douglas of the Ontario Court of Justice dated August 30, 2004.
As a result of this order, the text of this decision will not be posted on the Court's web site until such time as the trial is completed. While copies of the full text of the judgment may be obtained from the Registry of the Court of Appeal, such copies and information contained therein are subject to the same order prohibiting publication of details of the evidence adduced at the preliminary inquiry until the conclusion of any trial in this matter.