The Crown applied for a temporary publication ban on portions of an agreed statement of fact and bail synopsis relating to an adult accused who pleaded guilty to manslaughter.
The ban was sought to protect the fair trial rights of a young person co-accused who was scheduled to be tried for second-degree murder at a later date.
The court applied the Dagenais/Mentuck test and concluded that a broad ban was not necessary, as alternative measures like jury instructions and the passage of time would mitigate prejudice.
However, a limited ban was granted for evidence that could identify the young person or would be presumptively inadmissible at their trial.
