R. v. Etherden
- Citation
- 2025 ONCA 764
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Court of Appeal for Ontario
- Decision
- 7 November 2025
- Posture
- Criminal / Appeal
- Language
- English
More details
- Court
- Court of Appeal for Ontario
- Decision
- 7 November 2025
- Posture
- Criminal / Appeal
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Because the decision contains information covered by a s.517 non-publication order, the Court will not publish the decision while the order is in effect and will make the decision publicly available only after the order ceases, with interim access provided at the Court Registry.
Court disposition
Non-publication order under s.517 applied to the Court of Appeal decision; public posting deferred until the order ceases; interim access at Court Registry.
Orders
- The decision will be available on the Court of Appeal for Ontario website once the s.517 non-publication order ceases to be in effect.
- A copy of the full decision is available at the Registry of the Court of Appeal for Ontario at 130 Queen Street West, Toronto in the interim.
02
Material facts
Parties
His Majesty the King
Respondent Counsel: Lisa JoyalSommer Elizabeth Etherden
Applicant Counsel: Paul Calarco; Michael Bartlett03
Procedural history
Posture
Criminal / Appeal
04
Questions and positions
Legal issues
- 01
Whether a s.517 Criminal Code non-publication order precludes publication of the Court of Appeal decision
- 02
When the decision may be made publicly available given the s.517 order
- 03
Interim access to the full decision while the publication ban remains in effect
Party arguments
- Applicant
- Not stated in reasons; matter concerned publication of decision subject to s.517 non-publication order.
- Respondent
- Not stated in reasons; respondent relied on the existence and effect of the s.517 non-publication order.
05
Court’s reasoning
Legal principles
- 01
Criminal Code, R.S.C. 1985, c. C-46, s.517
A s.517 non-publication order prohibits publication, broadcast or transmission of any evidence taken, information given, representations made, and reasons given.
- 02
R. v. Etherden, 2025 ONCA 764 applying Criminal Code s.517
Where a decision contains material covered by a s.517 order, the court must not publish that material until the order ceases; the court may provide interim access consistent with the order.
06
Ratio, limits and disposition
Ratio decidendi
Because the decision contains information covered by a s.517 non-publication order, the Court will not publish the decision while the order is in effect and will make the decision publicly available only after the order ceases, with interim access provided at the Court Registry.
Court disposition
Non-publication order under s.517 applied to the Court of Appeal decision; public posting deferred until the order ceases; interim access at Court Registry.
- The decision will be available on the Court of Appeal for Ontario website once the s.517 non-publication order ceases to be in effect.
- A copy of the full decision is available at the Registry of the Court of Appeal for Ontario at 130 Queen Street West, Toronto in the interim.
Source and reliance status
Court of Appeal for Ontario · 7 November 2025
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court of Appeal for Ontario
Judgment· 7 November 2025
R. v. Etherden Collection Decisions of the Court of Appeal Date 2025-11-07 Neutral citation 2025 ONCA 764 Docket numbers COA-25-OM-0283 Judges Fairburn, J. Michal; Rouleau, Paul S.; Maranger, Robert L. Subject Criminal Decision Content
COURT OF APPEAL FOR ONTARIO CITATION: R. v. Etherden, 2025 ONCA 764[1] DATE: 20251107 DOCKET: COA-25-OM-0283 Fairburn A.C.J.O., Rouleau J.A. and Maranger J. (ad hoc)
BETWEEN His Majesty the King Respondent and Sommer Elizabeth Etherden Applicant Paul Calarco and Michael Bartlett, for the applicant Lisa Joyal, for the responding party Heard: October 21, 2025
REASONS FOR DECISION [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. Etherden, 2025 ONCA 764, 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. [1] This appeal is subject to a publication ban pursuant to s. 517 of the Criminal Code, R.S.C. 1985, c. C-46.
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