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Sep 24, 2021 · First, the publication ban was not issued without notice. If the media is present in the courtroom when a publication ban is issued, as was the CBC, it follows that it knows of its existence. Second, the CBC has not discharged its burden of showing that its proposed submissions could make a material, or even any difference in the outcome.
- 2002 SCC 55
A temporary publication ban was imposed but two articles...
- 1970 CanLII 143
The Crown counsel did not agree in any manner to this...
- 1977 CanLII 231
On April 14, 1976, the Commission gave notice of a public...
- 1990 Canlii 116
Access all information related to judgment R. v. Ostrowski,...
- 2002 SCC 55
Oct 8, 2021 · The MBCA ordered the ban without hearing submissions or giving notice. Thus, Justice Kasirer said the ban order was a distinct matter that cannot be “reheard.” It was never “heard” in the first place.
6. In this case, the Manitoba Court of Appeal (the “MBCA”), on its own motion, without notice to the public or media and without hearing any evidence, issued a publication ban (the “Publication Ban”) which permanently prevents public discussion about the activities of a former
- Background
- The Supreme Court’S Decision
- Key Takeaways
Miscarriage of Justice In 1987, Stanley Ostrowski was convicted of first-degree murder. Both the Manitoba Court of Appeal and the Supreme Court of Canada dismissed his appeal. In 2014, the federal Minister of Justice referred Ostrowski’s criminal matter back to the Manitoba Court of Appeal to determine whether a miscarriage of justice had occurred....
Majority’s Reasons Writing for the majority, Justice Kasirer found that the Court of Appeal did have jurisdiction to reconsider its own publication ban, even though the appeal had already been decided on the merits. Justice Kasirer distinguished between 1) jurisdiction over the merits of a matter and 2) jurisdiction to supervise the court record. U...
This decision confirms that in certain limited circumstances, a court may revisit its own publication ban, even where the case subject to that ban has ended. Those wishing to overturn a publication ban must act promptly. A motion for reconsideration must be brought in a “timely” manner. Although it remains to be seen whether the six months it took ...
Nov 2, 2021 · Therefore, CBC could only seek to have the Court of Appeal revisit its publication ban on the basis that the publication ban had been made without notice to the broadcaster.
- Agatha Wong
Nov 9, 2023 · The Court of Appeal issued a publication ban over the affidavit and, in its reasons for judgment, ordered that the publication ban remain in effect. The CBC now calls upon the Court to set aside the publication ban.
People also ask
Did the CBC issue a publication ban without notice?
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How long did it take the CBC to reconsider a publication ban?
Sep 24, 2021 · In sum, to the extent the requested relief required it to reconsider its publication ban, the Court of Appeal should have asked whether it was appropriate to vary or set aside that decision on motion by the CBC given it was made without notice.
