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. 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make an order directing that the evidence taken at the inquiry shall not be published in any document or broadcast or transmitted in any way before such time as, in respect of each of the accused,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(4) [Repealed, 2005, c. 32, s. 18(2).]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., 1985, c. C-46, s. 539; R.S., 1985, c. 27 (1st Supp.), s.97; 2005, c. 32, s. 18.

Court of Appeal for Ontario

Date: 20240228 Docket: COA-22-CR-0156

Miller, Paciocco and George JJ.A.

Between

His Majesty the King Respondent

and

Denise Lam Appellant

Counsel: Jassi Vamadevan, for the appellant Bari Crackower and Volodymyr Fedorchuk, for the respondent

Heard: February 5, 2024

On appeal from the order of Justice Dale Parayeski of the Superior Court of Justice, dated August 16, 2022, dismissing an application for certiorari from the order of Justice Tory Colvin of the Ontario Court of Justice, dated August 19, 2021.

The text of this decision is subject to a statutory non-publication order pending the outcome of the trial. The full text of the decision may be obtained at the Court of Appeal Registry Office.