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	Canada, Dagenais v Canadian Broadcasting Corp.
		It was held that the common law rule on publication bans conflicted with charter values, the common law rule must be varied in such a manner as to enable the court to consider both the objective of a publication ban and the proportionality of the ban’s effect on protected charter rights.
		Publication bans, however, should not always be seen as a clash between freedom of expression for the media and the right to a fair trial for the accused.
		He must prove that the proposed ban is necessary, in that it relates to an important objective that cannot be achieved by a reasonably available and effective alternative measure, that the proposed ban is as limited as possible, and that there is a proportionality between the salutary and deleterious effects of the ban.
	www.hrcr.org /safrica/expression/dagenais_broadcasting.html (795 words)

	Publication Ban (Site not responding. Last check: 2007-09-10)
		A judge's order prohibiting the public and media from broadcasting or publicizing the identity of victims and witnesses is intended to protect the privacy of victims and witnesses of crime.
		The victim or witness requesting the publication ban can speak for themselves or a lawyer can speak on their behalf.
		Where the judge agrees that a publication ban is necessary to protect the identity of the victim or witness, the judge will order the ban.
	canada.justice.gc.ca /en/news/nr/1999/doc_24280.html (800 words)

	Supreme Court of Canada - Decisions - R. v. O.N.E.
		By contrast, the ban on publication of information tending to identify the officers involved in the operation, including their names, likenesses and physical descriptions, is necessary in order to further the proper administration of justice.
		However, the ban on publication of information tending to identify the officers involved in the operation should be restricted to a period of one year from the date on which this judgment is released.
		Furthermore, the accused’s right to a public trial, and the vindication associated with public awareness of the nature of the evidence on which she was acquitted, are seriously compromised by the ban.
	scc.lexum.umontreal.ca /en/2001/2001scc77/2001scc77.html (2549 words)

	Parish1
		The publication ban was challenged by various media representatives, and the case on appeal was modified to prevent airing of the show in a certain geographic area.
		The party claiming under the common-law rule that a publication ban is necessary to a void a real and serious risk to the fairness of the trial is seeking to use the power of the state to achieve this objective.
		The publication ban in the case at bar would have passed the first stage of analysis under common-law rule if: (1) the ban was as narrowly circumscribed as possible (while still serving the objectives), and (2) there were no other effective means available to achieve the objectives.
	www.adidem.org /articles/Dagenais.html (4595 words)

	Ruling on Motions for Publication Ban (Site not responding. Last check: 2007-09-10)
		The word "broadcast" means "broadcast to the public", so that a publication ban would not prohibit a television broadcaster such as CPAC from continuing to capture the television images and sound of the Commission's proceedings, and from transmitting them to the media room and other in-house outlets, as it does at present.
		All three applicants request that the publication ban should be made to apply not only to their own testimony, but also to the testimony of others which relates to the criminal charges they are facing.
		A publication ban is needed, as a precaution, with respect to the testimony of the applicants and evidence presented during their depositions, in order to prevent a serious risk to the proper administration of justice, because reasonable alternative measures cannot be sure to prevent that risk.
	www.gomery.ca /en/rulingonapplicationsforpublicationban (1717 words)

	Letter
		Publication Bans issued pursuant to statutes that require the court to issue a Publication Ban on prescribed terms will be referred to as "Mandatory Publication Bans." (For example, section 517(1) of the Criminal Code provides for a Mandatory Publication Ban on the application of the accused.
		However, the precise terms of a Discretionary Publication Ban should be reduced to writing and made available to the media on a sufficiently prompt basis to allow media to refer to the order when they are preparing their stories for publication.
		While media may be expected to be aware of the possibility of a Publication Ban and to check the court file in cases where a statute provides for one, this is not the case where a Publication Ban is issued pursuant to the court’s common law discretion.
	www.adidem.org /position/pubbanpaper180401.html (1705 words)

	Lawyer blasts publication ban of murder accused (Site not responding. Last check: 2007-09-10)
		A court-ordered publication ban forbidding the media from printing the name of the individual charged with the murder of a Toronto couple is an "insidious" outgrowth of an earlier decision to ban publication of an accused police officer's name, a Toronto criminal lawyer says.
		While banning publication of a suspect's name might be warranted in "an exceptional case," Burstein said, it's not enough for a lawyer to simply claim the case is "exceptional" without submitting supporting evidence.
		The most recent publication ban to forbid publication of an accused's name was issued by a justice of the peace Thursday after an individual was arrested and charged with two counts of first-degree murder in the deaths of a Toronto couple whose bodies were found in Oro-Medonte township, just north of Barrie.
	canadacourtwatch.com /lawyer_blasts_publication_ban_of.htm (381 words)

	USATODAY.com - Borderless blogs foil Canadian press ban (Site not responding. Last check: 2007-09-10)
		Publication bans prevent anyone from publishing or broadcasting evidence given or motions made during the course of a trial.
		Publication bans are not common in Canada, but when imposed they are meant to ensure that a jury pool, or a sitting jury, is not tainted.
		Gomery said he lifted the ban because "it is in the public interest that this evidence with few exceptions be made available to the public." But it is hard to believe the blogosphere didn't play a powerful role in bringing about his epiphany.
	www.usatoday.com /tech/news/techpolicy/2005-04-13-blogs-vs-bans_x.htm (929 words)

	CBC News Indepth: Publication Bans
		These bans are often imposed in the name of public decency and out of respect for the families of the victims.
		A controversial publication ban in Britain was imposed for another reason: to protect the killers of two-year-old James Bulger from vigilante justice.
		Publication bans are often imposed when children are involved, to protect them from harmful publicity.
	www.cbc.ca /news/background/publicationbans (957 words)

	Publication ban could cover Pickton trial after severing of counts
		For example, a publication ban was ordered on the trial of Karla Homolka in order to prevent tainting a potential jury pool for the trial of her school-girl-killer husband, Paul Bernardo, in 1994.
		Sweeping bans have covered all court proceedings in the case to this point so as not to taint the pool of potential jurors.
		However, Sutherland said the publication bans in the Pickton case have already been breached after several American media outlets allegedly reported details from the preliminary hearing.
	www.missingpeople.net /publication_ban_on_pickton.htm (897 words)

	Gomery publication ban was fair
		The bans are imposed upon evidence adduced at an accused’s bail hearing and preliminary hearing and the information cannot be made public until the criminal trial is completed or, if it is a jury trial, until the jury is sequestered.
		The reason for imposing publication bans is to ensure that the accused receives a fair trial and that prospective jurors are not made aware of critical evidence prior to the commencement of the trial.
		His decision to revisit the ban after the testimony was completed and to then allow those portions of Brault’s evidence to be made public that did not directly affect the criminal charges against him minimized any damage that might have been done to the public if a complete ban were imposed.
	www.canadafreepress.com /2005/media041205.htm (621 words)

	Publication ban - Wikipedia, the free encyclopedia
		In Canada, publication bans are most commonly issued when the safety or reputation of a victim or witness may be hindered by having their identity openly broadcast in the press.
		The ban was granted at the request of the lawyers for the Jean Brault, Paul Coffin and Chuck Guite who argued intense media coverage would bias potential jurors for their upcoming criminal trials.
		Also, somewhat strangely, the inquiry remained public to anyone willing to venture to where the proceedings were being held; thus, the opposition parties were aware of what was being revealed at the inquiry, even while their respective leaders were kept intentionally unaware to prevent them from accidentally violating the ban at a press conference.
	en.wikipedia.org /wiki/Publication_ban (535 words)

	Ruling Modifying Publication Ban (Site not responding. Last check: 2007-09-10)
		On March 29, 2005 a publication ban was ordered with respect to the testimony of Paul Coffin, and I undertook to hear representations by counsel for interested parties at the end of his deposition to determine if the ban should be released in whole or in part.
		All of the remainder of his testimony should be made available to the public; there is no serious danger that his actions and conduct which he describes could be confused with the actions and conduct which are the subject of the indictment.
		Accordingly the publication ban ordered on March 29, 2005 is lifted with respect to the deposition of Paul Coffin and all representations by counsel made with respect to it, except for the following portions of the transcription of Mr.
	www.gomery.ca /en/rulingmodifyingpublicationban/mr.paul.coffin.asp (318 words)

	injusticebusters 2004 > > Publication bans: Media must realize it is not an arm of the police
		But the public was never to hear the details of this confession - or the police methods in extracting it - because the judge had issued a ban on media coverage of most of the trial.
		The publication ban in the Mentuck case was not provided for by statute.
		Leonoff, who says she is not in favor of publication bans that merely shield judges and police from legitimate public scrutiny, still thinks there is need for them at times.
	www.injusticebusters.com /04/Publication_bans.shtml (2386 words)

	Do publication bans still work? (Atomiq)
		CBC is reporting that US news outlets are violating the publication ban on details of Robert Pickton's preliminary hearing.
		Clearly, in the Pickton case, the publication ban is having a limited impact.
		More interesting, however, is the B.C. Attorney General's statement that "it may be time to consider whether publication bans actually work in a world dominated by the Internet and global communications." The effectiveness of a publication ban hinges on a traditional few-to-many model of media.
	atomiq.org /archives/2002/12/do_publication_bans_still_work.html (539 words)

	Pickton ban broken, U.S. network claims-Feb 6, 2004
		An American news network aired a story this week that it claimed broke the sweeping publication ban in the court proceedings involving accused serial killer Robert (Willy) Pickton.
		A court-imposed publication ban is mandatory in Canada in all preliminary hearings, to prevent tainting future jury pools.
		Stone also ordered that the original ban on publication be expanded to specifically include reproduction on the Internet.
	www.missingpeople.net /pickton_ban_broken.htm (706 words)

	injusticebusters 2004 > > Publication ban gone nuts
		Despite the high court's direction, publication bans continue to be sought and granted in Eastern Ontario without the media being notified.
		A publication ban on his family surname was first imposed during his trial and extended after his conviction last May to protect the couple's three young children.
		A further application was made to the court in connection with the publication ban and an order was issued but under its terms, we're not allowed to tell you what the decision was nor the reasons for it.
	www.injusticebusters.com /04/Publication_Bans.htm (2834 words)

	ARL Proceedings 129: Development of Enterprise-Wide Information Policies, by Frances Groen (Site not responding. Last check: 2007-09-10)
		Although issues of publication and dissemination of information arise daily in the work of librarians, the ban created an environment in which the differences between publication, dissemination, and possession of information needed to be defined more precisely.
		Since the university policy to ban the newsgroup was confirmed to be not only proper but mandatory, it became essential to have legal advice on the appropriate action to be taken by the libraries.
		The concept of publication and distribution, implicit in the decision regarding the withdrawal of the newsgroup by the computing center, was not assumed to transfer directly to library policy.
	www.arl.org /arl/proceedings/129/groen.html (1976 words)

	AdScam ban may be lifted (publication ban) -- Fraud Trial Delayed until June
		The proximity of the trial date was the backbone of Gomery's argument in favour of slapping a publication ban upon Brault's testimony.
		The right of the public to be informed, particularly to be informed about misconduct in government against the right of the accused to have a fair trial.
		The US public policy tends to lean toward the right to be informed whereas the Canadian public policy tends to lean the opposite direction, but in neither nation is it an absolute.
	www.freerepublic.com /focus/f-news/1379131/posts (694 words)

	lift Ban on Publication Rights and Membership Benefits of IEEE members in Iran, Cuba, Libya and Sudan Petition
		Specifically, this decision results in the prevention of publication and contribution rights to all Professors and Students within these countries, they are no longer permitted by the new IEEE regulations to submit a single paper for publication in any IEEE publication.
		As far as Iran is concerned, where this ban has had to most effect, Iranian Electrical and Electronics Professors have always played a positive and contributing role in IEEE publications and standards.
		The lift Ban on Publication Rights and Membership Benefits of IEEE members in Iran, Cuba, Libya and Sudan Petition to IEEE President and Board of Directors was created by and written by Mahdi Sajjadpour.
	www.petitiononline.com /ieeeiran (926 words)

	Bail hearings in Canada: reverse onus and publication bans
		It may be important to seek a publication ban on the information disclosed at a bail hearing.
		The accused has an automatic right to such a ban; at his request, the court must ban publication of the evidence taken, the information given, the representations made, and the reasons given by the court for its decision.
		The decision granting or refusing release is not subject to the ban, nor is the identity of the accused or information journalists obtain from police.
	www.defencelaw.com /bail-3.html (800 words)

	Canada, R. v. S. (T.)
		The youth court judge banned the publication of the evidence and proceedings at the young offender's trial until the trials of the other accused were completed.
		The Crown's application for a ban was correctly brought before the judge in charge of the youth court trial and the CBC should have made an application for certiorari to a superior court judge to challenge the publication ban order.
		While the Charter applies to common law rules authorizing such court orders, the common law rule governing the issuance of publication bans in criminal proceedings is consistent with the Charter and, consequently, any challenge to this aspect of the common law must fail.
	www.hrcr.org /safrica/expression/r_s.html (737 words)

	Media Seeks Info on Canada Terror Suspects, Media Fights in Court to Quash Publication Ban in Canadian Terror Suspect ...
		Under a ban imposed June 12, details of the evidence against the men presented by the prosecution at their bail hearings have been subjected to the print and broadcast flout.
		The prosecution argues that because the men were charged jointly in one terrorism plot, the publication ban should apply to all the bail hearings.
		Wong and two defense attorneys countered that the ban should not apply to those suspects who wish the media to report on their cases.
	www.cbsnews.com /stories/2006/07/11/ap/world/mainD8IQ33400.shtml (478 words)

	News Story: The law is an ass - when it puts a killer's privacy before the public interest - November 5, 1999
		There was a tide of public revulsion after readers learned from The Star on Wednesday that Homolka has asked for temporary escorted pass privileges and been refused by the warden of Joliette prison.
		This ban was issued by Richard Morneau, a prothonotary - defined in my dictionary as a notary or chief clerk of a court of law - which was obtained under Federal Court Rules.
		The publication ban, as written, is quite confusing, Shanoff points out, particularly since it refers, technically, to a ``non-publication ban,'' which, literally, could be interpreted as a ban against non-publication.
	www.fact.on.ca /newpaper/ts99110e.htm (1177 words)

	Enforcing publication bans \| MetaFilter
		That ban, designed to ensure that potential jurors are not swayed by news of the case, is lifted when a verdict is delivered and journalists are free to publicize the evidence.
		The Canadian publication ban successfully protected the identity of the hacker "Mafia Boy" from becoming well known, which is strange because there is no obligation on American media or web sites to obey Canadian publication bans.
		Therefore, a publication ban will continue to work for the majority of people, and there will be an informed minority unable to take part in the jury process.
	www.metafilter.com /mefi/21779 (1874 words)

	CityNews: Publication Ban Issued As Terror Suspects Back In Court
		I want the public to assess for itself and have confidence in the administration of justice," he demands.
		So in the afternoon he issued a publication ban, which the advocates didn't want - but wound up with any way.
		But the ban means we may not be able to find out what took place when the suspects show up yet again in the slow - and now silent - march to justice.
	www.citynews.ca /news/news_1097.aspx (552 words)

	IABC Café » Blog Archive » Blog Thwarts Publication Ban
		The Judge in charge of the inquiry imposed a publication ban on the testimony of a number of witnesses, the argument being that their testimony before the inquiry might influence their criminal trials, which have yet to take place.
		Resourceful bloggers based in the US reported on the banned testimony and thousands of Canadians have surfed their way onto blogs to read all about it.
		Carleton University (Ottawa, Canada) professor Klaus Pohle, quoted in the National Post, does not think that Canadians linking to the US web sites would be in breach of the publication ban but they might be in breach if they forwarded the material or repeated it in any way.
	blogs.iabc.com /chair/archives/2005/04/07/blog-thwarts-publication-ban (556 words)

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