R. v. Etherden

Parties

Party arguments

Applicant

The applicant sought release/publication of the Court of Appeal decision or broader access despite the s.517 order.

Respondent

The Crown relied on the s.517 non-publication order imposed at the bail hearing and argued the decision cannot be published while that order remains in force.

Legal principles

1. 01

   Criminal Code, R.S.C. 1985, c. C-46, s.517

   A s.517 Criminal Code non-publication order prohibits publication, broadcast or transmission of evidence, information, representations and reasons covered by the order.

2. 02

   Court of Appeal practice and statutory publication ban regime under s.517 Criminal Code

   Appellate courts must respect lower court publication bans and may delay public release of their reasons until such bans lapse; limited access (e.g. registry inspection) may be provided consistent with the ban.

Court disposition

Publication of the Court of Appeal decision is withheld pursuant to the s.517 non-publication order; interim access at the Registry permitted; public posting deferred until the order lapses.

• Decision not to be published, broadcast or transmitted while the s.517 non-publication order remains in effect.
• The decision will be posted on the Court of Appeal for Ontario website once the 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.