By Canadian Press

Supreme Court upholds publication bans on details of trials before jury selection

Oct 6, 2023 | 9:12 AM

OTTAWA — Canada’s highest court has ruled that media can’t publish portions of a criminal trial that take place before a jury is constituted.

In a unanimous decision released today, the Supreme Court of Canada has upheld lower court decisions that said those trial details cannot be made public until jurors begin deliberating or are dismissed.

At issue were two cases in which judges imposed publication bans on proceedings that took place before juries were impanelled, leading media companies to appeal those bans directly to the Supreme Court. 

One case was heard in Quebec and involved Frédérick Silva, a hit man turned police informant who was charged with four counts of murder and one count of attempted murder.

The other case involved Aydin Coban, a Dutch man charged in British Columbia with several offences relating to child pornography, extortion, child luring and harassment against Amanda Todd, a teenager who died by suicide in 2012.

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Writing for the unanimous panel of seven judges, Chief Justice Richard Wagner says that while media play a crucial role in helping the public to understand the justice system, publication bans protect the right of the accused to a fair trial.

This report by The Canadian Press was first published Oct. 6, 2023.

The Canadian Press