Criminal Code

Marginal note:Order restricting publication — victims and witnesses

• 486.5 (1) Unless an order is made under section 486.4, on application of the prosecutor, a victim or a witness, a judge or justice may make an order directing that any information that could identify the victim or witness shall not be published in any document or broadcast or transmitted in any way if the judge or justice is satisfied that the order is necessary for the proper administration of justice.

• Marginal note:Justice system participants

  (2) On application of a justice system participant who is involved in proceedings in respect of an offence referred to in subsection 486.2(5) or of the prosecutor in those proceedings, a judge or justice may make an order directing that any information that could identify the justice system participant shall not be published in any document or broadcast or transmitted in any way if the judge or justice is satisfied that the order is necessary for the proper administration of justice.

• Marginal note:Limitation

  (3) An order made under this section does not apply in respect of the disclosure of information in the course of the administration of justice if it is not the purpose of the disclosure to make the information known in the community.

• Marginal note:Application and notice

  (4) An applicant for an order shall

  • (a) apply in writing to the presiding judge or justice or, if the judge or justice has not been determined, to a judge of a superior court of criminal jurisdiction in the judicial district where the proceedings will take place; and

  • (b) provide notice of the application to the prosecutor, the accused and any other person affected by the order that the judge or justice specifies.

• Marginal note:Grounds

  (5) An applicant for an order shall set out the grounds on which the applicant relies to establish that the order is necessary for the proper administration of justice.

• Marginal note:Hearing may be held

  (6) The judge or justice may hold a hearing to determine whether an order should be made, and the hearing may be in private.

• Marginal note:Factors to be considered

  (7) In determining whether to make an order, the judge or justice shall consider

  • (a) the right to a fair and public hearing;

  • (b) whether there is a real and substantial risk that the victim, witness or justice system participant would suffer significant harm if their identity were disclosed;

  • (c) whether the victim, witness or justice system participant needs the order for their security or to protect them from intimidation or retaliation;

  • (d) society’s interest in encouraging the reporting of offences and the participation of victims, witnesses and justice system participants in the criminal justice process;

  • (e) whether effective alternatives are available to protect the identity of the victim, witness or justice system participant;

  • (f) the salutary and deleterious effects of the proposed order;

  • (g) the impact of the proposed order on the freedom of expression of those affected by it; and

  • (h) any other factor that the judge or justice considers relevant.

• Marginal note:Conditions

  (8) An order may be subject to any conditions that the judge or justice thinks fit.

• Marginal note:Publication prohibited

  (9) Unless the judge or justice refuses to make an order, no person shall publish in any document or broadcast or transmit in any way

  • (a) the contents of an application;

  • (b) any evidence taken, information given or submissions made at a hearing under subsection (6); or

  • (c) any other information that could identify the person to whom the application relates as a victim, witness or justice system participant in the proceedings.