Successed in opposing media appeal to have s. 517 of the Criminal Code, dealing with publication bans on bail hearings, declared unconstitutional. The media argued that the fact that it is mandatory that a judge impose a ban on publication of bail hearings, when requested by an accused person, was a violation of freedom of expression. The media contended that when an accused asks for such a ban a judge should have the discretion to determine whether or not it should be imposed in the particular circumstances. The Supreme Court of Canada (8:1) dismissed the media’s appeal, and held that a mandatory ban, when requested by the accused, was necessary to ensure trial fairness and expeditious bail hearings.
July 2, 2010