Criminal Code of Canada – Section 517

Temporary publication bans prohibit the publication of information for a specified period.

Section 517 publication bans may be ordered at bail hearings, and typically cover all evidence, information, what’s said in court by all the parties, and the reasons for release or detention given by the justice. A section 517 publication ban is a temporary ban which extends until the accused is discharged after the preliminary inquiry or the trial is completed, subject to any other court orders .  The purpose of the ban is to preserve the rights of the defendant to a fair trial, and the presumption of innocence. Further, the ban prevents public dissemination of information or evidence so that jurors make their decisions based only on admissible evidence presented during the trial. It is also intended to maintain the integrity of the evidence of any potential witness who may be called to testify in the case.

Members of the public and media are permitted to view and photocopy court files covered by a section 517 publication ban but, again, details covered by the ban cannot be published in any document, or broadcast or transmitted in any way until the ban ends.

All publication bans are noted in the court record.

It is the position of ODN that the requirements of CCC 517 have been adhered to in the case outlined in the story preceding this.