PROCEDURE - Trials - Publication bans and confidentiality orders

Law360 Canada ( February 9, 2018, 1:35 PM EST) -- Appeal by Canadian Broadcasting Corporation (CBC) from a judgment of the Alberta Court of Appeal which set aside the decision that dismissed the Crown’s motion for an interlocutory injunction. In March 2016, the Crown obtained a publication ban in connection with the trial of an accused who was charged with the first degree murder of a person under the age of 18. Two articles which pre-existed the publication ban and which identified the victim by name and photograph, continued to exist on CBC’s website. Because CBC would not remove from its website the victim’s identifying information, the Crown sought an order citing CBC in criminal contempt of the publication ban, and an interlocutory injunction directing removal of that information from the website. The chambers judge concluded that the meaning of s. 486.4(2.1) of the Criminal Code (Code) was not so obvious that the Crown could “likely succeed at trial” in showing that this text would capture the impugned articles on CBC’s website, since they had been posted prior to the issuance of a publication ban. The Court of Appeal held that the chambers judge had erred by characterizing this matter as requiring the Crown to demonstrate a strong prima facie case of criminal contempt. The majority explained that the request for the interlocutory injunction was “tied back” to the request for an order removing the identifying information, and not to the request for a criminal contempt citation. The Court of Appeal allowed the appeal and granted the injunction....
LexisNexis® Research Solutions

Related Sections