R. v. Lara-Orellana
The Court recorded and applied the existing s.517 non-publication order: the non-publication order remains in effect and therefore the decision contains information that cannot be published or posted online until the s.517 order ceases to have effect; in the interim a copy will be available at the Court of Appeal...
Source-derived case information.
- Citation
- 2024 ONCA 376
- Parties
- Respondent: His Majesty the King; Applicant: Daniel Lara-Orellana
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 10 May 2024
- Procedural Posture
- Criminal / Application Under S.680 Criminal Code to Set Aside Detention Order (appeal, in Chambers)
- Outcome
- Publication of the Court of Appeal decision is restricted pursuant to s.517 of the Criminal Code; the decision will be posted online only after the non-publication order ceases and a full copy is available at the Court registry in the interim.
- Legal Topics
- Detention Order, S.680 Application, Non Publication Order, S.517 Criminal Code
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
His Majesty the King
Respondent
Daniel Lara-Orellana
Applicant
Procedural Posture
Criminal / Application Under S.680 Criminal Code to Set Aside Detention Order (appeal, in Chambers)
Legal Issues
- 1 Whether the detention order made December 21, 2013 should be set aside under s.680 of the Criminal Code
- 2 Whether and how a non-publication order under s.517 of the Criminal Code restricts publication of the Court of Appeal decision
Ratio Decidendi
The Court recorded and applied the existing s.517 non-publication order: the non-publication order remains in effect and therefore the decision contains information that cannot be published or posted online until the s.517 order ceases to have effect; in the interim a copy will be available at the Court of Appeal registry.
Court Disposition
Publication of the Court of Appeal decision is restricted pursuant to s.517 of the Criminal Code; the decision will be posted online only after the non-publication order ceases and a full copy is available at the Court registry in the interim.
Orders
- Non-publication order under s.517 Criminal Code remains in effect and precludes publication, broadcast or transmission of evidence, information, representations and reasons.
- The decision will be made available on the Court of Appeal for Ontario website once the s.517 non-publication order ceases to be in effect.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Lara-Orellana Collection Decisions of the Court of Appeal Date 2024-05-10 Neutral citation 2024 ONCA 376 Docket numbers COA-24-OM-0066 Judges Fairburn, J. Michal Subject Criminal Decision Content WARNING An order restricting publication in this proceeding was made under s. 517 of the Criminal Code and continues to be in effect. This section of the Criminal Code provides: 517(1) If the prosecutor or the accused intends to show cause under section 515, he or she shall so state to the justice and the justice may, and shall on application by the accused, before or at any time during the course of the proceedings under that section, make an order directing that the evidence taken, the information given or the representations made and the reasons, if any, given or to be given by the justice shall not be published in any document, or broadcast or transmitted in any way before such time as (a) if a preliminary inquiry is held, the accused in respect of whom the proceedings are held is discharged; or (b) if the accused in respect of whom the proceedings are held is tried or ordered to stand trial, the trial is ended. (2) Every person who fails, without lawful excuse, to comply with an order made under subsection (1) is guilty of an offence punishable on summary conviction. COURT OF APPEAL FOR ONTARIO CITATION: R. v. Lara-Orellana, 2024 ONCA 376 DATE: 20240510 DOCKET: COA-24-OM-0066 Fairburn A.C.J.O. (In Chambers) BETWEEN His Majesty the King Respondent and Daniel Lara-Orellana Applicant Melina Macchia, for the applicant Jeremy Tatum, for the respondent Heard: May 3, 2024 An application in accordance with s. 680 of the Criminal Code, R.S.C. 1985, c. C-46, for an order setting aside the detention order made by Justice Sean F. Dunphy of the Superior Court of Justice on December 21, 2013. ENDORSEMENT [1] A non-publication order under s. 517 of the Criminal Code, R.S.C. 1985, c. C-46, was imposed in this matter at the bail hearing in the court below. That s. 517 order precludes the publication, broadcast, or transmission of any evidence taken, information given, representations made, and reasons given. [2] The decision in R. v. Lara-Orellana, 2024 ONCA 376 contains information covered by that order. [3] Accordingly, the decision will be available on the Court of Appeal for Ontario’s website once the non-publication order ceases to be in effect. [4] In the interim, a copy of the full decision is available at the Registry of the Court of Appeal for Ontario at 130 Queen Street West, Toronto.