Publication Bans

When an accused is arrested for a sexual assault the accused is taken to the police station where they are investigated and charged.  The police may have scheduled a bail hearing to have a justice review whether or not the accused should be released from custody pending the trial.

During this process the victims, witness or media may make public appearances and comments about the case.  What’s told to the public may, second hand, exaggerations, and might not even be factual.  The media or other persons may seek to vilify the accused before any evidence is heard before a judge.

During our defence and representation a publication ban maybe considered to ensure that the accused is not tried in the court of public opinion prior to a trial.

The media and other persons are legally entitled to publish information about court cases and news worthy events but there are exceptions to this.

The court may upon application by a defence lawyer may impose a publication bank to:

• protect the integrity and fairness of the case,
• the privacy and safety of any victim or witness
• or the identity of a child or youth.

The judge also has the authority to order a publication ban where various principles, including the effects on the accused’s right to a fair trial, on the right to freedom of expression, and on the administration of justice, are weighed.

Where a person has been accused of a sexual assault, the publication ban ensures that there is no further media exposure, nor can any public comments be made about your case, thereby protecting your privacy and limiting and public embarrassment.

You’re not guilty unless a judge says you are, not the police or the crown attorney.  It’s your right as a Canadian citizen to be properly defended in court, and to have the evidence of your accuser challenged by a criminal lawyer.

We know being arrested can be devastating, but there is a solution and we can help.

As experienced trial advocates, our network of criminal lawyers, former crown attorneys, and retired police officers ensures that No Stone is Left Unturned™ in defending and representing our clients. We have years of experience with publication bans and legal defence with the reviews and winning cases to back it up.

Call us today at 416-731-7113 to discuss your legal defence with Toronto criminal defence lawyer.