Criminal Code

Marginal note:Order restricting publication  — sexual offences

• 486.4 (1) Subject to subsection (2), the presiding judge or justice may make an order directing that any information that could identify the victim or a witness shall not be published in any document or broadcast or transmitted in any way, in proceedings in respect of

  • (a) any of the following offences:

    • (i) an offence under section 151, 152, 153, 153.1, 155, 160, 162, 162.1, 163.1, 170, 171, 171.1, 172, 172.1, 172.2, 173, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 280, 281, 286.1, 286.2, 286.3, 346 or 347, or

    • (ii) any offence under this Act, as it read from time to time before the day on which this subparagraph comes into force, if the conduct alleged would be an offence referred to in subparagraph (i) if it occurred on or after that day; or

  • (b) two or more offences being dealt with in the same proceeding, at least one of which is an offence referred to in paragraph (a).

• Marginal note:Mandatory order on application

  (2) In proceedings in respect of the offences referred to in paragraph (1)(a) or (b), the presiding judge or justice shall

  • (a) as soon as feasible, inform any witness under the age of 18 years and the victim of the right to make an application for the order;

  • (b) on application made by the victim, the prosecutor or any such witness, make the order; and

  • (c) if an order is made, as soon as feasible, inform the witnesses and the victim who are the subject of that order of its existence and of their right to apply to revoke or vary it.

• Marginal note:Victim under 18  —  other offences

  (2.1) Subject to subsection (2.2), in proceedings in respect of an offence other than an offence referred to in subsection (1), if the victim is under the age of 18 years, the presiding judge or justice may make an order directing that any information that could identify the victim shall not be published in any document or broadcast or transmitted in any way.

• Marginal note:Mandatory order on application

  (2.2) In proceedings in respect of an offence other than an offence referred to in subsection (1), if the victim is under the age of 18 years, the presiding judge or justice shall

  • (a) as soon as feasible, inform the victim of their right to make an application for the order;

  • (b) on application of the victim or the prosecutor, make the order; and

  • (c) if an order is made, as soon as feasible, inform the victim of the existence of the order and of their right to apply to revoke or vary it.

• Marginal note:Child pornography

  (3) In proceedings in respect of an offence under section 163.1, a judge or justice shall make an order directing that any information that could identify a witness who is under the age of eighteen years, or any person who is the subject of a representation, written material or a recording that constitutes child pornography within the meaning of that section, shall not be published in any document or broadcast or transmitted in any way.

• Marginal note:Inquiry by court

  (3.1) If the prosecutor makes an application for an order under paragraph (2)(b) or (2.2)(b), the presiding judge or justice shall

  • (a) if the victim or witness is present, inquire of the victim or witness if they wish to be the subject of the order;

  • (b) if the victim or witness is not present, inquire of the prosecutor if, before the application was made, they determined if the victim or witness wishes to be the subject of the order; and

  • (c) in any event, advise the prosecutor of their duty under subsection (3.2).

• Marginal note:Duty to inform

  (3.2) If the prosecutor makes the application, they shall, as soon as feasible after the presiding judge or justice makes the order, inform the judge or justice that they have

  • (a) informed the witnesses and the victim who are the subject of the order of its existence;

  • (b) determined whether they wish to be the subject of the order; and

  • (c) informed them of their right to apply to revoke or vary the order.

• Marginal note:Limitation

  (4) An order made under this section does not apply in either of the following circumstances:

  • (a) the disclosure of information is made in the course of the administration of justice when the purpose of the disclosure is not one of making the information known in the community; or

  • (b) the disclosure of information is made by a person who is the subject of the order and is about that person and their particulars, in any forum and for any purpose, and they did not intentionally or recklessly reveal the identity of or reveal particulars likely to identify any other person whose identity is protected by an order prohibiting the publication in any document or the broadcasting or transmission in any way of information that could identify that other person.

• Marginal note:Limitation — victim or witness

  (5) An order made under this section does not apply in respect of the disclosure of information by the victim or witness when it is not the purpose of the disclosure to make the information known to the public, including when the disclosure is made to a legal professional, a health care professional or a person in a relationship of trust with the victim or witness.