Warning
An order restricting publication in this proceeding was made under s. 517 of the Criminal Code and continues to be in effect. This section of the Criminal Code provides:
517(1) If the prosecutor or the accused intends to show cause under section 515, he or she shall so state to the justice and the justice may, and shall on application by the accused, before or at any time during the course of the proceedings under that section, make an order directing that the evidence taken, the information given or the representations made and the reasons, if any, given or to be given by the justice shall not be published in any document, or broadcast or transmitted in any way before such time as
(a) if a preliminary inquiry is held, the accused in respect of whom the proceedings are held is discharged; or
(b) if the accused in respect of whom the proceedings are held is tried or ordered to stand trial, the trial is ended.
(2) Every person who fails, without lawful excuse, to comply with an order made under subsection (1) is guilty of an offence punishable on summary conviction.
Court of Appeal for Ontario
Date: 2024-05-10 Docket: COA-24-OM-0066
Before: Fairburn A.C.J.O. (In Chambers)
Between:
His Majesty the King Respondent
and
Daniel Lara-Orellana Applicant
Counsel: Melina Macchia, for the applicant Jeremy Tatum, for the respondent
Heard: May 3, 2024
An application in accordance with s. 680 of the Criminal Code, R.S.C. 1985, c. C-46, for an order setting aside the detention order made by Justice Sean F. Dunphy of the Superior Court of Justice on December 21, 2013.
Endorsement
[1] A non-publication order under s. 517 of the Criminal Code, R.S.C. 1985, c. C-46, was imposed in this matter at the bail hearing in the court below. That s. 517 order precludes the publication, broadcast, or transmission of any evidence taken, information given, representations made, and reasons given.
[2] The decision in R. v. Lara-Orellana, 2024 ONCA 376 contains information covered by that order.
[3] Accordingly, the decision will be available on the Court of Appeal for Ontario’s website once the non-publication order ceases to be in effect.
[4] In the interim, a copy of the full decision is available at the Registry of the Court of Appeal for Ontario at 130 Queen Street West, Toronto.