JOUA06H3 Chapter Notes - Chapter 9: Affidavit, Indictable Offence, Voir Dire
Document Summary
The rationale for publication bans: publication bans infringe to the freedom of expression under the canadian charter of rights and. Most bans are left to the discretion of the judge: non-statutory bans. If other offences are being dealt with in the same hearing, the identity of a victim or young witness can be banned in connection with all charges, under section 486. 4 (1) (b) Section 486. 4(3) empowers a judge to ban publication of information that could identify a person represented in any form of child pornography. It"s not mandatory for a court to impose a publication ban if a prosecutor seeks it without the complainants consent. If sexual assault victims choose to go public, journalists must remember that the ban in court order remains despite the wishes of the person involved: a judge must be asked to cancel the order.
