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CLN4U Mock Trial Notes
CLN4U Mock Trial Notes
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Freedom of expression s. 2(b) Ban was far too broad
Multiple reasonable alternatives to a ban
o Sequestering the jury
o In-depth jury selection process (questioning period for prior knowledge of case)
o Give strict instruction to jury members
https://www.justice.gc.ca/eng/cj-jp/victims-victimes/factsheets-fiches/publication.html
https://www.lawnow.org/freedom-of-expression-publication-bans-and-the-media/
https://www.cjfe.org/publication_bans_and_the_open_court_principle_in_canada
https://en.wikipedia.org/wiki/Suicide_of_Rehtaeh_Parsons
http://j-source.ca/article/know-the-rules-about-publication-ban-before-covering-the-courts/
https://www.courts.gov.bc.ca/supreme_court/publication_bans/about/statutory_bans.aspx
http://www.ontariocourts.ca/scj/publication-ban-requests/
A publication ban is an order the Court makes that prevents anyone from publishing,
broadcasting, or sending any information that could identify a victim, witness, or other
person who participates in the criminal justice system
o Section 486.5(1) - An order may be made under this section to ban publication of
any information that could identify a victim or a witness.
o Section 486.4(1) and (2) - An order may be made under these sections to ban
publication of any information that could identify a complainant or witness in a
sexual offence proceeding.
o Section 631(6) - An order may be made under this section to ban publication of
the identity of jurors where such an order is necessary for the proper
administration of justice.
o “Boy of St. Vincent” did not identify anyone specific who was taking part in the
case, as it was inspired by events in Newfoundland, only similar to the crimes
committed by the Brothers, who were in Ontario.
"A ban should only be ordered when a) such a ban is necessary in order to prevent a real
and substantial risk to the fairness of the trial, because reasonably available alternative
measures will not prevent the risk; and b) the salutary effects of the publication ban
outweigh the deleterious effects to the free expression of those affected by the ban."
A ban of publication in only 2 major provinces will not guarantee that information and
opinions of the case from other people will not reach the jury members. Despite the rule
for jurors to keep information of the courts to themselves, the simple fact that people will
give in to temptation to tell others close to them about the case still remains. If a juror has
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