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 ss. 539(1), (2), (3) or (4) of the Criminal Code shall continue. These sections of the Criminal Code provide:

539(1) Prior to the commencement of the taking of evidence at a preliminary inquiry, the justice holding the inquiry

(a) may, if application therefor is made by the prosecutor, and

(b) shall, if application therefor is made by any of the accused, make an order directing that the evidence taken at the inquiry shall not be published in any document or broadcast or transmitted in any way before such time as, in respect of each of the accused,

(c) he or she is discharged; or

(d) if he or she is ordered to stand trial, the trial is ended.

(2) Where an accused is not represented by counsel at a preliminary inquiry, the justice holding the inquiry shall, prior to the commencement of the taking of evidence at the inquiry, inform the accused of his right to make application under subsection (1).

(3) Everyone who fails to comply with an order made pursuant to subsection (1) is guilty of an offence punishable on summary conviction.

(4) Repealed, 2005, c. 32, s. 18(2). R.S., c. C-34, s. 467; R.S.C., 1985, c. 27 (1st Supp.), s. 97; 2005, c. 32, s. 18.

COURT OF APPEAL FOR ONTARIO

CITATION: R. v. Streeter, 2014 ONCA 127

DATE: 20140214

DOCKET: C57286

Doherty, Pepall and Hourigan JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Daniel Streeter

Appellant

Michael A. Moon, for the appellant

Greg Skerkowski, for the respondent

Heard: February 13, 2014

On appeal from the order of Justice Hill of the Superior Court of Justice dated June 19, 2013.

APPEAL BOOK ENDORSEMENT

[1] Despite Mr. Moon’s able submissions, we find ourselves in substantial agreement with the analysis of the motion judge. We agree with his conclusion at paras. 87-89.

[2] The appeal is dismissed.