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The Court of Appeal granted a sealing order, a publication ban protecting a jurorâs identity, and leave to cross-examine witnesses on the appeal.
The application for a publication ban was dismissed because the Crown produced only limited evidence (that some alleged accomplices might face jury trials) which did not meet the Dagenais/Phillips threshold of demonstrating a high probability of prejudice and the absence of reasonable alternatives; the openâcourts principle and Charter freedoms outweigh the speculative risk asserted by the prosecution.
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The Youth Court judge lacks jurisdiction to grant a publication ban to protect the fair trial rights of adult accused who will be tried in the Supreme Court; such applications must be made to the trial judge or a judge at the level where the adult trial will be held, while the Youth Court retains jurisdiction only over the youth accused's fair trial rights.
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The court ordered limited publication bans to protect juror privacy and the fairness of jury selection in R. v. Pickton, relying on inherent jurisdiction.
La Cour fĂ©dĂ©rale rejette la demande de M. Mahjoub visant Ă tĂ©moigner en partie Ă huis clos, estimant que le test de Dagenais/Mentuck nâest pas satisfait.
Member denied closure of the hearing but granted an interim publication ban because the disclosure of evidence posed a real and substantial risk to the fairness of the inquiry and would cause undue hardship to persons involved; on balance, the need to prevent disclosure under s.52(1)(b) and (c) outweighed the societal interest in a public hearing in the circumstances, applying the Dagenais proportionality framework; the ban is revocable and does not prevent access to rulings or the final decision.
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