What is a publication ban and when can I get one?
A publication ban is an order of the court that prohibits anyone from publishing or disseminating information, evidence, or the identity of witnesses in a trial. While in Canada the media do have a constitutional right to publish information about court cases, publication bans have been recognized as a legitimate limit to this right. A publication ban will be granted upon successful application by either the Crown Prosecutor, the defence or witness. The information that is protected by the publication ban can either be permanent or temporary.
A publication ban can also be imposed when it is mandated by statute. For example, the Youth Criminal Justice Act requires that information about a youth criminal justice matter can only be provided to those who have a direct interest in the case, such as the judiciary, counsel, the police, the victim(s), and the accused. A judge also has the authority, under the common law, to order a publication ban where (1) he or she deems it necessary for the proper administration of justice, and (2) where he or she is convinced that it would be worse to let this information be disseminated to the public than to keep it secret.
The decision as to whether the ban should be imposed will be made by balancing the right to freedom of expression, the proper administration of justice, and the right to a fair and public trial. Some examples of instances where a publication ban may be deemed appropriate is where the privacy of certain justice system participants should or needs to be protected in order to protect vulnerable witnesses, or to encourage witnesses who are scared to testify to provide statements in court.
The publication ban is strictly enforced by law and carries a heavy penalty for those who violate the order. Anyone who is found publishing information under a publication ban will be charged with a criminal offence.
About The Author
Ask A Question
We endeavor to respond to questions within 24 hours. If your matter is urgent, please call our office or submit a request for a free consultation.
Michael Oykhman is a very professional lawyer and the first time I spoke to him he asked about my situation and he gave me some very helpful advice and assistance and also told me his odds of winning this case. During the days I was in contact with micheal I could feel the level of professionalism of him and his team, he is able to respond back to you with any questions you have within 24 hours. In the end he was as successful in helping me win my case as he had initially promised me.If you are still struggling to find a lawyer, I highly recommend Michael Oykhman.
Please give yourself a favour and contact Mr. Michael Oykhman if you need any legal advice or if you are in a terrible situation. Even-tough, the odds are not in your favour, still they will go extra miles to help you out in bad situation and get you favourable outcome. Moreover, They will work on your file even after the business hours. I don’t have words to say thanks to Mr. Michael oykhman and Kiran Cheema who had worked on my file and get me out of trouble. I’m very grateful for your assistance and exceptional service. HIGHLY RECOMMENDED.
I am grateful that Ms. Moira McAvoy was my lawyer, and I remain thankful to her for everything. She made a successful resolution to my case possible. Ms. Moira McAvoy is a professional, trustworthy lawyer, and a compassionate person. She is an excellent listener and knowledgeable of the law. From the start, she was an excellent guide. I did not know anything about the legal system and court, and she outlined everything clearly in advance, so I could understand things. She never rushed me through anything. She spoke clearly, explained everything, considered what I said, and provided options and advice. She kept me up to date on new information, requirements, and deadlines. She was always positive and this helped so much.
Ryan Patmore and his team are simply the best. I was bullied by CPS in 2020 and it landed me with three separate charges, assault, refusal to blow and DUI, which all went down as I was parked at a friends. After some research and a conversation with Michael, he directed me towards Ryan and at the time I didn’t know that would be a game changer in my favour! He is honest, transparent, helpful and a brilliant mind. He successfully appealed my license suspension with ATSB and then proceeded to get the crown to dismiss all my charges before trial. I never had to step foot inside a courtroom. If you are in need of a criminal defence lawyer, don’t think twice, get in touch with this firm and ask for Ryan Patmore! The guy is an absolute saviour.
Joseph Beller, from the very beginning when I first contacted and then retained Joseph as my representative I felt I was in good hands. When I emailed him with a question. I got a prompt response. We communicated often on the phone as needed. Joseph kept me informed as to the process. He made sure I knew all the potential results so I knew and could plan for the different outcomes. I know this his his job. But appreciate his professionalism and also his ability to not make me feel any extra stress. Well done.