Publication Ban Warning
WARNING
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. 486.4(1), (2), (2.1), (2.2), (3) or (4) or 486.6(1) or (2) of the Criminal Code shall continue. These sections of the Criminal Code provide:
486.4(1) Subject to subsection (2), the presiding judge or justice may make an order directing that any information that could identify the victim or a witness shall not be published in any document or broadcast or transmitted in any way, in proceedings in respect of
(a) any of the following offences;
(i) an offence under section 151, 152, 153, 153.1, 155, 159, 160, 162, 163.1, 170, 171, 171.1, 172, 172.1, 172.2, 173, 210, 211, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 280, 281, 286.1, 286.2, 286.3, 346 or 347, or
(ii) any offence under this Act, as it read at any time before the day on which this subparagraph comes into force, if the conduct alleged involves a violation of the complainant’s sexual integrity and that conduct would be an offence referred to in subparagraph (i) if it occurred on or after that day; or
(iii) REPEALED: S.C. 2014, c. 25, s. 22(2), effective December 6, 2014 (Act, s. 49).
(b) two or more offences being dealt with in the same proceeding, at least one of which is an offence referred to in paragraph (a).
(2) In proceedings in respect of the offences referred to in paragraph (1)(a) or (b), the presiding judge or justice shall
(a) at the first reasonable opportunity, inform any witness under the age of eighteen years and the victim of the right to make an application for the order; and
(b) on application made by the victim, the prosecutor or any such witness, make the order.
(2.1) Subject to subsection (2.2), in proceedings in respect of an offence other than an offence referred to in subsection (1), if the victim is under the age of 18 years, the presiding judge or justice may make an order directing that any information that could identify the victim shall not be published in any document or broadcast or transmitted in any way.
(2.2) In proceedings in respect of an offence other than an offence referred to in subsection (1), if the victim is under the age of 18 years, the presiding judge or justice shall
(a) as soon as feasible, inform the victim of their right to make an application for the order; and
(b) on application of the victim or the prosecutor, make the order.
(3) In proceedings in respect of an offence under section 163.1, a judge or justice shall make an order directing that any information that could identify a witness who is under the age of eighteen years, or any person who is the subject of a representation, written material or a recording that constitutes child pornography within the meaning of that section, shall not be published in any document or broadcast or transmitted in any way.
(4) An order made under this section does not apply in respect of the disclosure of information in the course of the administration of justice when it is not the purpose of the disclosure to make the information known in the community. 2005, c. 32, s. 15 ; 2005, c. 43, s. 8(3)(b); 2010, c. 3, s. 5 ; 2012, c. 1, s. 29 ; 2014, c. 25, ss. 22,48; 2015, c. 13, s. 18 .
486.6(1) Every person who fails to comply with an order made under subsection 486.4(1), (2) or (3) or 486.5(1) or (2) is guilty of an offence punishable on summary conviction.
(2) For greater certainty, an order referred to in subsection (1) applies to prohibit, in relation to proceedings taken against any person who fails to comply with the order, the publication in any document or the broadcasting or transmission in any way of information that could identify a victim, witness or justice system participant whose identity is protected by the order. 2005, c. 32, s. 15 .
Court of Appeal for Ontario
Date: 2020-05-06 Docket: C67936
Before: Rouleau, Zarnett and Jamal JJ.A.
Between:
Her Majesty the Queen Respondent
and
Wayne Thomas Hill Appellant
Counsel: Wayne Thomas Hill, acting in person Nader R. Hasan, appearing as duty counsel Andrew Hotke, for the respondent
Heard and released orally: May 4, 2020 by videoconference
On appeal from the conviction entered by Justice Lorelei Amlin of the Ontario Court of Justice on October 31, 2019 and from the sentence imposed on October 31, 2019.
Reasons for Decision
[1] The appellant appeals his conviction and sentence on two counts of attempted abduction of a child and two counts of breaching a prohibition order. On appeal, he raises two issues.
[2] First, he seeks to vary the blanket lifetime ban for use of the internet that was ordered as part of his sentence. The Crown does not oppose varying the order to one in the nature of the order granted in the case of R. v. Brar, 2016 ONCA 724, 134 O.R. (3d) 95.
[3] In our view, such a variation is appropriate in this case. We therefore vary that order to read as follows:
Pursuant to s. 161(1)(d) of the Criminal Code, Mr. Wayne Thomas Hill will not use the internet or any similar communication service to:
a) access any content that violates the law;
b) directly or indirectly access any social media sites, social network, internet discussion forum or chatroom, or maintain a personal profile on any such service (such as Facebook, Twitter, Tinder, Instagram or any equivalent or similar service) and;
c) make any post or advertisement that targets persons under the age of 16 including any advertisement for sales, services or products intended for use by persons under the age of 16.
[4] The second issue raised by the appellant is the requirement for registration in the sex offender registry.
[5] In our view, that aspect of the appeal cannot succeed. In the circumstances of this case, given the appellant’s previous convictions, this ground of appeal must fail.
[6] The appellant did not raise any other issues with respect to the conviction appeal and the sentence appeal.
[7] Apart from varying the s. 161(1)(d) prohibition order as outlined above, the appeal is dismissed.
"Paul Rouleau J.A."
"B. Zarnett J.A."
"M. Jamal J.A."