CPD 8: Publication Bans in Criminal Proceedings – In Court Practice

  • August 06, 2024

From the Supreme Court of BC

Effective Date: 2024/08/06
Number: CPD - 8

Summary:

This practice direction is to improve the clarity of publication bans made in criminal proceedings, and the accuracy of court records documenting them. It will also make information about the terms and the duration of bans more accessible to parties and other interested people while the proceedings are taking place in the Court, as well as later when there is a reason to consult the court record.

The practice direction asks counsel or any other person applying for a discretionary or mandatory publication ban (but not an automatic ban) to assist the Court, its staff, and the public by bringing a draft form of order specifying the precise legal (statutory or other) basis that allows for the ban, the exact terms sought, and the proposed duration of the ban, or by stating this information on the record if it is not practicable to prepare a draft order in advance. The practice direction also encourages Crown counsel to provide a list of any subsisting Provincial Court bans at the time the indictment is filed, and asks counsel to raise the status of any outstanding interim publication bans before the conclusion of the proceedings.

Download CPD 8