R. v. Erickson

R. v. Erickson

Because the complainant expressly and knowingly requested the s.486.4 ban be vacated and the Crown did not oppose, and because there was no strong and articulable reason to keep the ban (the accused's harassment concerns were insufficient), the court granted the application and vacated the publication ban effective immediately.

Citation
2021 BCSC 2717
Parties
Crown: Regina; Accused: Kenneth Charles Erickson; Complainant/applicant: Kelly Favro
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
21 June 2021
Procedural Posture
Criminal (sexual Assault); Post Conviction / Application to Vacate S.486.4 Publication Ban (post Conviction)
Outcome
Application granted; s.486.4 publication ban relating to Kelly Favro vacated.
Legal Topics
Section 486.4 Criminal Code, Publication Ban Lift, Victim Self Identification, Privacy Vs. Free Expression
Source Language
English
Criminal Law Publication Bans Victims' Rights Section 486.4 Criminal Code Publication Ban Lift Victim Self Identification Privacy Vs. Free Expression

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Parties

Regina

Crown

Kenneth Charles Erickson

Accused

Kelly Favro

Complainant/applicant

Procedural Posture

Criminal (sexual Assault); Post Conviction / Application to Vacate S.486.4 Publication Ban (post Conviction)

Legal Issues

  1. 1 Whether a s.486.4 publication ban should be vacated at the request of the complainant
  2. 2 Whether the accused's harassment concerns justify maintaining a publication ban despite the complainant's consent to lift it

Ratio Decidendi

Because the complainant expressly and knowingly requested the s.486.4 ban be vacated and the Crown did not oppose, and because there was no strong and articulable reason to keep the ban (the accused's harassment concerns were insufficient), the court granted the application and vacated the publication ban effective immediately.

Court Disposition

Application granted; s.486.4 publication ban relating to Kelly Favro vacated.

Orders

  • Section 486.4 publication ban relating to the complainant Kelly Favro is vacated, effective immediately.