What is a publication ban and why do they exist in B.C. courts?
Readers may sometimes notice that media outlets, like the Trail Times, are unable to report details about certain criminal cases, or that coverage dries up after charges are laid.
In British Columbia, this is often due to a publication ban ordered by the court or required by law.
A publication ban is a legal restriction that prevents the media and the public from publishing, broadcasting or sharing specific information about a court case.
Violating a publication ban can result in serious penalties, including fines or criminal charges.
Publication bans are a common feature of the Canadian justice system and are intended to protect the integrity of court proceedings and, under Canadian law, the rights of those involved. In British Columbia, they can apply to pretrial hearings, including preliminary inquiries.
In many cases, publication bans are automatic under the Criminal Code of Canada.
These bans are most often used to protect the identity of complainants and witnesses, particularly in cases involving sexual offences, domestic violence, young persons or vulnerable individuals.
According to Canadian law, they are also used to ensure an accused person’s right to a fair trial by preventing potential jurors from being influenced by pretrial publicity.
Judges may also impose discretionary publication bans during court proceedings.
These can apply to evidence presented at bail hearings, preliminary inquiries or other pretrial stages, where information has not yet been tested in court.
In such cases, the concern is that widespread reporting could prejudice a future trial.
Publication bans can apply to names, evidence, testimony, exhibits or even the existence of certain proceedings.
In some instances, the ban may be total, meaning no details of the case can be reported until it is lifted.
In British Columbia, publication bans are frequently ordered in serious criminal cases heard in smaller communities, such as those in the West Kootenay, where extensive coverage could make it difficult to seat an impartial jury.
Courts may determine that unrestricted reporting would create a real risk to trial fairness.
The bans remain in place until a judge lifts them, which may occur after a trial concludes, a verdict is reached or sentencing is complete.
Some bans, particularly those protecting complainants, can remain in effect indefinitely.
Media organizations, including local newspapers, are legally obligated to respect these restrictions, even when the crime occurred in the community they serve.
Courts in British Columbia and across Canada regularly emphasize that publication bans are not intended to shield wrongdoing from scrutiny.
According to Canadian law and court rulings, publication bans are intended to balance the principle of open courts with the legal rights of complainants, witnesses and accused persons, including the right to a fair trial.
When publication bans are in place, journalists may still attend court proceedings, but what they can report is strictly limited by law.
In those cases, coverage may focus on explaining court processes, legal principles or the existence of the ban itself, rather than the details of the case.