Criminal Code of Canada - section 517(1) - Order directing matters not to be published for specified period

section 517(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows for an order that evidence and information presented during bail hearings not be made public until the end of the trial or the accused is discharged.

SECTION WORDING

517(1) If the prosecutor or the accused intends to show cause under section 515, he or she shall so state to the justice and the justice may, and shall on application by the accused, before or at any time during the course of the proceedings under that section, make an order directing that the evidence taken, the information given or the representations made and the reasons, if any, given or to be given by the justice shall not be published in any document, or broadcast or transmitted in any way before such time as (a) if a preliminary inquiry is held, the accused in respect of whom the proceedings are held is discharged; or (b) if the accused in respect of whom the proceedings are held is tried or ordered to stand trial, the trial is ended.

EXPLANATION

Section 517(1) of the Criminal Code of Canada deals with the issue of protecting the identity of accused persons in criminal proceedings. The section allows both the prosecutor and the accused to request that any evidence or information presented during the course of the proceedings under section 515, which deals with the release of accused persons pending trial, not be published in any document, broadcast or transmitted in any way until the trial is over or the accused is discharged. The purpose behind this provision is to prevent pre-trial publicity that could prejudice a fair trial for the accused. If evidence or information that is presented during the release hearing is leaked to the media or made public in any way, it could potentially influence the decision of jurors or witnesses in the trial. This could lead to a miscarriage of justice, where the accused is unfairly convicted or acquitted. The section therefore acts as a safeguard to ensure that the accused person's right to a fair trial is protected. It is important to note that this section only applies to evidence and information presented during the release hearing, and does not prevent the media from reporting on other aspects of the case that are already in the public domain, or from reporting on the proceedings after the accused has been discharged or the trial has ended. In summary, section 517(1) of the Criminal Code of Canada is a provision that protects the identity of accused persons and ensures a fair trial by preventing pre-trial publicity that could prejudice the outcome of the trial.

COMMENTARY

Section 517(1) of the Criminal Code of Canada deals with the publication ban in cases where the prosecutor or accused intends to show cause under section 515. The section allows either party to apply to the justice for an order directing that the evidence taken, the information given or the representations made, and the reasons, if any, given or to be given by the justice shall not be published in any document, or broadcast or transmitted in any way before the trial is concluded or the accused is discharged. The purpose of a publication ban is to protect the fair trial rights of the accused. The media and the public have a right to know about criminal trials, but this right is not absolute. The media can sometimes report on matters that could prejudice the trial, such as evidence that has yet to be heard in court. A publication ban ensures that the jury is not influenced by information that is not yet admissible as evidence in the trial. Publication bans have been used in high-profile cases such as the trial of Paul Bernardo and Karla Homolka, which received extensive media coverage. In such cases, the media attention can have a significant impact on the jurors and the fairness of the trial. Publication bans are also used in cases where the victim or witness is a minor or vulnerable person to prevent any further harm to them. The section also allows the accused to apply for a publication ban before or during the proceedings under section 515. This ensures that any evidence or information that could potentially harm the accused's reputation or privacy is not disseminated publicly. It gives the accused a fair chance at defending themselves without the added pressure of public scrutiny. However, the issuance of a publication ban is not automatic, and the justice must consider various factors before granting an order. The justice must consider whether the harm from the publication outweighs the public interest in knowing the information, whether it is necessary to maintain the integrity of the trial, and whether there is a less invasive measure available to achieve the same objective. In conclusion, section 517(1) of the Criminal Code of Canada provides for a publication ban to ensure the fairness of a trial and to protect the interests of the accused. It is a necessary measure to balance the rights of the accused, the media, and the public. While the section does restrict access to information, it is necessary to protect the integrity of the justice system and ensure fair trials.

STRATEGY

Section 517(1) of the Criminal Code of Canada deals with the publication ban order, a tool used to prevent the publication of evidence, information, or any representation of court proceedings. When dealing with this section, there are several strategic considerations that both the prosecutor and accused must take into account to ensure success in the case. One key consideration is the timing of the application. Before or during the proceedings under section 515, the accused can request the publication ban order, and the justice can grant it. However, the prosecutor or accused must state their intention to do so. Applying for the publication ban order in a timely manner ensures that sensitive information does not become public knowledge before the case is resolved. Another important consideration is the scope of the publication ban order. The order can apply to any document, broadcast, or transmission of information related to the court proceedings. It is essential to be specific in the application to avoid any confusion or ambiguity about what information can or cannot be published. When applying for a publication ban order, both the prosecutor and the accused need to provide a compelling reason for why the order should be granted. The justice must be convinced that the publication of the information would cause significant harm to the administration of justice or the public interest. The reason provided must be relevant and necessary to protect the integrity and fairness of the judicial process. In some cases, the publication ban order may be challenged by interest groups, media organizations, or other third parties. These challenges can undermine the effectiveness of the order and potentially expose sensitive information to the public. Both the prosecutor and the accused must be prepared to defend the order and provide evidence of its necessity. Finally, it is essential to consider the impact of the publication ban order on the case and the parties involved. For the accused, the order may provide some measure of protection from negative publicity and preserve their reputation. For the prosecutor, it may prevent the dissemination of sensitive information and protect the integrity of the case. Carefully weighing the benefits and drawbacks of the order and its potential impact on the case can help both parties make informed decisions about pursuing the order. In terms of strategies that could be employed when dealing with this section, one strategy is to be proactive in applying for the publication ban order. By being the first to propose the order, the party may have more control over the scope and timing of the order, and may increase the likelihood of its success. Another strategy is to develop a strong argument for why the publication ban order is necessary. This may involve presenting evidence or expert testimony to support the claim that the publication of the information would be harmful to the administration of justice. For both the prosecutor and accused, another strategy is to engage with the media and interested parties to explain the rationale for the publication ban and address any concerns they may have. This can help to build understanding and support for the order, and may reduce the likelihood of challenges or negative publicity. Ultimately, when dealing with section 517(1) of the Criminal Code, it is essential to approach the matter strategically, carefully considering the potential impact of the order and developing a compelling case for its necessity. By doing so, both the prosecutor and accused can help to protect the integrity and fairness of the judicial process and achieve a successful outcome in their case.