APPEALS - Publication bans and confidentiality orders

Law360 Canada ( November 9, 2023, 11:57 AM EST) -- Appeal by Canadian Broadcasting Corporation (CBC) from a judgment of the Manitoba Court of Appeal which ordered that a publication ban remain in effect. An appeal was brought by the Minister of Justice before the Court of Appeal on concerns that there had been a wrongful conviction. During the proceedings on appeal, the accused sought to introduce an affidavit as new evidence. A publication ban was imposed over the affidavit. In its reasons for judgment, the Court of Appeal ordered that the publication ban remain in effect indefinitely (Publication Ban Judgment). The CBC filed a notice of motion (Motion) to set aside the publication ban. The Court of Appeal determined it did not have jurisdiction to hear the CBC’s Motion and dismissed it (Jurisdiction Judgment). The CBC appealed both judgments to the Supreme Court of Canada. The Supreme Court allowed the appeal from the Jurisdiction Judgment and asked the Court of Appeal to reconsider the CBC’s Motion. The appeal from the Publication Ban Judgment was adjourned sine die. The Court of Appeal dismissed the motion for reconsideration of the publication ban. The CBC has now asked the Supreme Court to decide the appeal on the Publication Ban Judgment which was adjourned sine die....
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