Certiorari application brought by media outlets regarding a preliminary inquiry publication ban that included the identity of the accused. Accused parents charged with failing to provide the necessities of life in relation to their child.

Held: Certiorari granted.

Court erred in not directing compliance with the Practice Note requiring notice to the media regarding publication ban applications. Further, the siblings of the deceased child did not qualify as “victims” as per s. 486.4 CC, and therefore the Court had no jurisdiction to grant the order. Finally, given that the victim was deceased, the Dagnenais test was not met as there was no evidence of any harm that could be sustained by the deceased child as a result of possibly identifying him by publishing the names of his parents.

G. Sirois, P. Fagan – Defence Counsel