R. v. K.B.

R. v. K.B.

Section 486.4(3) of the Criminal Code mandates an absolute publication ban in child pornography cases and is not inconsistent with the Youth Criminal Justice Act such that it could be read to permit parental waiver; therefore the court has no authority to revoke or modify the ban and the application must be dismissed.

Citation
2014 NSPC 24
Parties
Applicants: The Halifax Herald Limited; Canadian Broadcasting Corporation; Global News (Shaw Media Inc.); CTV (Bell Media Inc.); Respondent Crown: Her Majesty the Queen; Respondent Accused/subject of Ban: K.B.; Respondent Accused: C.S.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
20 May 2014
Procedural Posture
Criminal Application to Revoke Publication Ban in Child Pornography Matter / Application Heard May 16, 2014; Decision May 20, 2014
Outcome
Application dismissed
Legal Topics
Publication Ban, Child Pornography, Statutory Interpretation, Youth Criminal Justice Act S.111, Criminal Code S.486.4(3)
Source Language
English
Criminal Law Youth Justice Media Law Privacy Law Publication Ban Child Pornography Statutory Interpretation Youth Criminal Justice Act S.111 +1 more

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Parties

The Halifax Herald Limited; Canadian Broadcasting Corporation; Global News (Shaw Media Inc.); CTV (Bell Media Inc.)

Applicants

Her Majesty the Queen

Respondent Crown

K.B.

Respondent Accused/subject of Ban

C.S.

Respondent Accused

Procedural Posture

Criminal Application to Revoke Publication Ban in Child Pornography Matter / Application Heard May 16, 2014; Decision May 20, 2014

Legal Issues

  1. 1 Whether a judge has authority to revoke or modify a mandatory publication ban under Criminal Code s.486.4(3)
  2. 2 Whether Criminal Code s.486.4(3) is inconsistent with YCJA s.111 so as to allow parental waiver of privacy protections
  3. 3 Whether exceptional circumstances or policy considerations permit reading down a mandatory statutory publication ban

Ratio Decidendi

Section 486.4(3) of the Criminal Code mandates an absolute publication ban in child pornography cases and is not inconsistent with the Youth Criminal Justice Act such that it could be read to permit parental waiver; therefore the court has no authority to revoke or modify the ban and the application must be dismissed.

Court Disposition

Application dismissed

Orders

  • Application to revoke the publication ban under Criminal Code s.486.4(3) is dismissed