JN204 Lecture Notes - Extortion
Document Summary
Week 6, class 1, tuesday publication bans in criminal and youth cases. Rationale behind publication bans: publication bans are a clear infringement on the right to freedom of expression guaranteed in the charter and the principle of open courts. Journalists see them as unneccesarily, sometimes illegally, restrictive gag orders. The canadian position, publicity is an important element of the justice system. But it shouldnt interfere with the proper administration of justice. Typically ones related to disclosure to prejudicial info in pre trial cases. Set out in laws enacted by parliament, that apply to certain types of information or specifc stages of prosecution. Temporarily restrict the broadcast of publication of information that could prejudice a defendant"s future trial. The principl of open justice (open access to courts) demands that publication restrictions be as limited in scope as possible. In many cases, judges must formally impose a ba, as opposed to its happening automatically, and news outlets must be notified.
