PROCEDURE - Trials - Publication bans and confidentiality orders

Law360 Canada (October 6, 2023, 12:26 PM EDT) -- Appeal by La Presse Inc. of a Quebec Superior Court judgment which dismissed its motion to lift orders prohibiting publication, broadcasting and transmission in relation to two judgments on voir dires. Appeal by Canadian Broadcasting Corporation et al. of a judgment of the British Columbia Supreme Court which dismissed their application to have the publication ban in s. 648(1) of the Criminal Code (Cr. C.) clarified or declared applicable only after a jury had been empaneled. In both cases, numerous matters were dealt with before the empanelment of the jury. Before the lower courts, La Presse Inc. and Canadian Broadcasting Corporation et al. (collectively, “the Appellants”) applied for orders or declarations that would allow the publication of information from the hearings on those matters. Judges in both cases dismissed the applications, concluding that s. 648(1) Cr. C. applied before and after the empanelment of the jury. The Appellants argued that the opening words of s. 648(1) Cr. C., “after permission to separate is given to members of a jury”, represented a condition precedent that restricted the scope of the prohibition imposed by the provision....

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