COMM 2501 Lecture Notes - Youth Criminal Justice Act, Publication Ban
6 May 2012
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Document Summary
Various prohibitions against publishing names of sexual assault victims; sexual history of sexual assault complainants etc. Problem with privacy law is that it"s a very mixed bag in canada. The case that is in question for this week within textbook applies only to ontario court of appeal, binding on all lower courts in ontario, but it is not binding on any other court in the country. May open the door on decisions in other courts in other provinces, and may use it as a precedent to establish tort law, or to give privacy the status of tort law. So, a lot of women are afraid of taking sexual assault cases to court due to this. Government enacted a criminal code provision which precluded that kind of evidence from a trial unless the judge deemed it relevant. Same thing goes for publishing the names of sexual assault victim.
