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Lecture

JN204 Lecture Notes - Juvenile Court, Publication Ban, Affidavit


Department
Journalism
Course Code
JN204
Professor
Bruce Gillespie

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Journalism
October 18, 2012
Week 6, Class 2, Thursday.
Uniquely, a ban can be imposed at any point of a bail hearing, including retroactively, not just at the
outset.
Bail hearing bans are temporary. Details from them can be reported as soon as introduced as evidence
in a trial.
Preliminary hearings:
Prelim. Hearings are held to judges the strength of the crown's case, often without any input from the
defence.
Publication bans are mandatory if requested by the defendant, but only at the judges discretion if
requested by the crown.
Evidence of sexual conduct
Automatic ban whenever a defendant charged with a sex-related offence applies to introduce evidence
of the complainant's sexual history.
Also known as a Seaboyer Application.
Journalists can report that such evidence was sought
But there is an automatic ban on the contents of the application, the arguments presented, and any
evidence of prior sexual conduct put forward.
If the evidence is ruled admissible, journalists can safely report on it.
If it is ruled inadmissible, the publication ban remains in place.
O connor applications
O connor applications for access to personal records, such as personal journals and diaries; medical,
psychiatric, counselling, and educational records, adoption or social services records.
The type of publication ban is automatic.
Information from search warrants
Three elements:
1) A detailed affidavit for a judge or justices of the peace, outlining allegations being probed and
sets up evidence justifying the search
2) If authorized a search warrant is issued
3) If the search is successful, a return is filled with the court, listing all items seized.
MacIntyre ruling:
determined that once a search warrant has been conducted and as long as evidence has been seized, the
documents are open to public scrutiny.
Journalists are allowed to interview jurors, but jurors face strict limits on what they can say about a
case.
It's an offence for them to reveal and information telating to a jury's proceeding's while outside of the
court room.
Statutory bans under the YCJA (2003)
YCJA sets out rules for prosecuting youth between 12 and 17.
Youth courts are open to the media, but the act shields the identities of most people involved, whether
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