R. v. AAB (Re CBC and Halifax Herald Ltd.)
From Ad IDEM / CMLA
May 31, 2006
Couple of other points not immediately evident from the decision - The application was initially styled as an application to ban publication but after convincing the Judge he had no inherent authority to ban publication, the application morphed into an access ban under the Court's inherent jurisdiction to control its own records.
Also, the defence called a Social Worker from the Youth Facility to talk about the impact on rehabilitation but her testimony was weak. With the collapse of his witness, the Defence urged the Judge that he could read the reports themselves and infer harm to rehabilitation. We had argued that in the absence of evidence, the application failed. In the decision, there's no reference to the Social Worker's evidence and it only says the Judge read the reports and concludes harm would be minimal.
Submitted by: Nancy Rubin