2016 SKQB 300
From Ad IDEM / CMLA
The SKQB grants an order for judicial review quashing a decision of the Provincial Court on a publication ban. And, it analyzes some jurisdictional issues related to who can seek pub bans under Section 486.4 of the Criminal Code.
The SKQB quashed the order of the lower court which prohibited publication of any information that might identify the deceased victim of the offence for which the respondent, Kaylon Stonne, was charged.
CTV and the Saskatoon Star Phoenix successfully argued that the provincial court judge, who had granted the publication ban, erred on several points, including, but not limited to:
1) Failing to apply the Dagenais/Mentuck test;
2) Allowing the accused to make an application under s. 486.4(2.1) of the Criminal Code of Canada for a publication ban;
3) Granting a publication ban without any evidentiary foundation as to the benefits of such a ban to the victim.
See:2016 SKQB 300