Publication Bans

A publication ban is an order made by a justice either during the bail hearing or at any point in the criminal process thereafter. The order prohibits the publication of certain information related to a criminal matter until the matter has concluded. The Criminal Code provides for three different publication bans in sections 486.5(1), 486.4(1), and 517.

The Criminal Code provides for three different types of publication bans. The first is found in section 486.4(1), the second in section 486.5(1) and the third in section 517(1).

Section 486.4(1) prohibits the publication of information that would identify the victim or a witness in case involving a sexual offence. Section 486.5(1) prohibits the publication of information that would identify a victim or witness in a case. Section 517(1) prohibits the publication of any information relayed during the accused’s bail hearing or at any point thereafter, until the accused’s’ matter has concluded.