publication ban

Binding or Not? The SCC to Comment on Horizontal Stare Decisis in Appeal of R v Coban

The Supreme Court of Canada (“SCC”) has granted leave [40223] for the Canadian Broadcasting Corporation (“CBC”) et al to appeal R v Coban, 2022 BCSC 880 [Coban].

Publication bans should be put to the test in CBC v the Queen

Canadian Broadcasting Corporation v Her Majesty the Queen, et al. 38992 [CBC v the Queen] considers whether evidence not admitted as part of the record prima facie can be subject to a publication ban.This challenge resulted from the Manitoba Court of Appeal’s (“MBCA”) decision to implement a publication ban over a set of fresh evidence that […]

AB v Canada (Attorney General): A Clash of Open Court Policy and Privacy

An Ontarian has successfully sought a constitutional exemption from sections 241(b) and 14 of the Criminal Code RSC, 1985, c C-46, allowing him to access physician assisted-suicide (“PAS”). The applicant, A.B., was an 80-year-old gentleman with advanced-stage aggressive lymphoma. Interestingly, this case raised the competing values of privacy and the open court principle. In AB […]