Public Commons

Part of Court cases

Publication bans under section 517 of the Criminal Code

This information comes from the website of the provincial Ministry of the Attorney General:

Section 517 publication bans are common. They are usually 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. Section 517 also applies to bail reviews.

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 until the ban is lifted, which often occurs when the case is completed.

All publication bans are noted in the court record. The Information or charging document (in the Ontario Court of Justice) or Indictment (in the Superior Court of Justice) is endorsed with "PUBLICATION BAN" and the appropriate section number of the Criminal Code is noted. Ministry staff are instructed to inform members of the public and the media wishing to have access to the court record that the matter is subject to a publication ban.

Where an appellate court orders a publication ban, a publication ban sheet noting the applicable section is placed in the court file. In the Court of Appeal, publication bans are reflected in the endorsement.

Differences between Canada and the United States

In the United States, unlike Canada, newspapers and other media are allowed to publish pre-trial evidence revealed in court documents or heard in bail hearings. The differences between Canadian and US law are discussed in this Toronto Star article that compares the reporting on two terrorist cases - one Canadian, the other American: A tale of two trials