Criminal Code of Canada - section 672.51(11) - Prohibition on publication

section 672.51(11)

INTRODUCTION AND BRIEF DESCRIPTION

Prohibits the publication or transmission of certain information related to dispositions and proceedings in criminal cases.

SECTION WORDING

672.51(11) No person shall publish in any doc­ument or broadcast or transmit in any way (a) any disposition information that is prohibited from being disclosed pursuant to subsection (7); or (b) any part of the record of the proceedings in respect of which the accused was excluded pursuant to subparagraph 672.5(10)(b)(ii) or (iii).

EXPLANATION

Section 672.51(11) of the Criminal Code of Canada is a provision that prohibits publication, broadcast, or transmission of any disposition information that is prohibited from being disclosed under subsection (7) and any part of the record of the proceedings in respect of which the accused was excluded pursuant to subparagraph 672.5(10)(b)(ii) or (iii). Subsection (7) of section 672.51 of the Criminal Code of Canada sets out the circumstances under which a court may prohibit the publication or broadcast of any information relating to the proceedings or the individuals involved. This may include the name, identifying information, or any other information that may reveal the identity of the accused or any witness in the proceedings. The primary purpose of this provision is to protect the privacy and safety of the individuals involved and prevent any potential harm that may arise from the publication of such information. Subparagraph (b) of section 672.51(11) prohibits the dissemination of any part of the record of the proceedings in respect of which the accused was excluded. This provision aims to ensure that any information that may have been discussed or revealed during the closed-door hearings or in-camera sessions is not made public. This restriction is crucial to maintaining the integrity of the justice system and protecting the rights of individuals involved in the proceedings. In summary, section 672.51(11) of the Criminal Code of Canada is a critical provision aimed at protecting the privacy and safety of individuals involved in criminal proceedings. It ensures that any information that may reveal the identity of the accused or potential witnesses remains confidential and is not disseminated to the public. It also restricts the publication of any record of proceedings in which the accused was excluded. The provision is of utmost importance for maintaining the integrity and fairness of the justice system.

COMMENTARY

Section 672.51(11) of the Criminal Code of Canada is a provision that prohibits the publishing, broadcasting, or transmission of certain information related to an accused person's criminal proceedings. This section is a critical aspect of the Canadian criminal justice system as it ensures fairness and protects the fundamental rights of individuals facing criminal charges. The provision prohibits the publication of any disposition information that is prohibited from being disclosed pursuant to subsection (7). Subsection (7) states that any disposition information concerning an accused person cannot be disclosed unless the court orders otherwise. This means that the court has the authority to decide what information can be disclosed to the public and what information should remain confidential. Disposition information includes the verdict, sentence, or any other information that might identify the accused person. The provision also prohibits the publication of any part of the proceedings in which the accused was excluded pursuant to subparagraph 672.5(10)(b)(ii) or (iii). This is a crucial safeguard to ensure the integrity of the proceedings and the privacy of the accused person. Subparagraph 672.5(10)(b)(ii) allows the accused person to be excluded from the proceedings when the evidence is likely to be unfairly prejudicial to the accused's interests, while subparagraph 672.5(10)(b)(iii) allows the accused person to be excluded when it is in the interests of justice to do so. The purpose of this provision is to protect the reputation of the accused person, ensure confidentiality, and prevent any undue influence on the proceedings. It aims to prevent public disclosure of information that could influence the outcome of the case or harm the accused person's reputation. Furthermore, the provision helps maintain the integrity of the justice system by ensuring that information related to criminal proceedings is handled with due care and respect for the human rights of the accused person. In conclusion, section 672.51(11) of the Criminal Code of Canada is a critical provision that protects the rights of accused persons in criminal proceedings. It aims to safeguard the reputation of the accused person, ensure confidentiality, and maintain the integrity of the justice system. The provision serves as a reminder that the rights of the accused person must be respected at all levels, and any infringement of these rights can have serious consequences for the administration of justice.

STRATEGY

Section 672.51(11) of the Criminal Code of Canada places strict limitations on the publication and dissemination of information related to an accused individual's disposition and the record of the proceedings. The restrictions are in place to protect the privacy and reputation of the accused and prevent prejudice in future legal proceedings. Legal professionals and other individuals who deal with information related to criminal proceedings must consider these restrictions carefully and employ strategies to ensure compliance with the law. One of the most critical strategic considerations when dealing with section 672.51(11) is to understand precisely what information is prohibited from being disclosed. Legal professionals must ensure that they are familiar with the relevant subsections that define the information that cannot be published or transmitted. It is essential to have a clear understanding of the legal language used in the section to identify what is allowed and what is not. Any uncertainty should be resolved by seeking legal guidance or clarification from the relevant authorities. Another key strategic consideration is the importance of protecting the accused's privacy and reputation. This objective can be achieved by being cautious about the information that is shared publicly or privately. All individuals involved in the legal process must exercise discretion when it comes to disseminating information related to the accused. Strategies such as redaction of sensitive information or the use of pseudonyms instead of real names can help protect the privacy of the accused. In addition, strategies such as limiting the distribution of confidential information within the legal system or restricting access can help prevent any unintended leaks. Regular training and awareness programs to educate legal professionals and other individuals involved in the legal process on the importance of confidentiality and privacy can also be key strategies in ensuring compliance with this section of the Criminal Code of Canada. Legal professionals and others involved in the legal process must also be aware of the consequences of non-compliance with Section 672.51(11). Violating this section can result in serious legal implications, such as lawsuits, fines, and even imprisonment in some cases. Any breach of this section can also lead to adverse impacts on the reputation and career of the individual involved and can undermine the credibility of the legal system as a whole. In conclusion, Section 672.51(11) of the Criminal Code of Canada places strict limitations on the publication and dissemination of information related to an accused individual's disposition and the record of the proceedings. Legal professionals and others involved in the legal process must understand the restrictions and implement appropriate strategies to ensure compliance with the law. Protecting the privacy and reputation of the accused is a crucial objective, and any breach of this section can have severe legal and reputational implications.