R v Bourque 2014 NBQB 263
From Ad IDEM / CMLA
Justice David D. Smith denies the Crown and offender a publication ban on digital materials presented at the sentencing hearing. Citing the "Dagenais/Mentuck" test as the standard which parties opposing media access must meet, Smith, J. finds that the threshold has NOT been met.
The CBC and Canadian Press opposed a publication ban application brought by the Crown and the offender, relating to digital materials presented in evidence during the sentencing hearing of Justin Bourque.
In support of their application, the Crown relied on affidavits from an RCMP Staff Sargeant and a psychologist. Smith J. states, at para 18:
The affidavit evidence that the Crown and Defence counsel rely upon is insufficient and for the reasons stated above does not meet the threshold part of the ``Dagenais-Mentuck`` test. The application by the Crown and counsel for the Defence is denied and all evidence submitted at the sentencing hearing will be copied and released to the public and media.