Crown appeal from the denial of an interim mandatory injunction which would have required the CBC to remove from its website historical postings that disclosed the identity of a youthful victim of crime. A mandatory publication ban had been ordered under s. 486.4(2.2) CC, however, the articles were posted to the website prior to the 486 order.

Held: Appeal allowed, injunction granted.

Three part test met by the Crown: strong prima facie case, irreparable harm, and an assessment on the balance of convenience. “Under the Code the orders are to be granted without proof of harm, parties can be found in breach without proof of harm, and it must follow that interim measures to enforce the order can be taken without proof of harm.” The Criminal Code provisions are presumed constitutional, and to the extent that they may limit freedom of expression, such limitation must be presumed as justified in a free and democratic society.

S. Ward – Defence Counsel