R v Daviau 2016 ABQB 511
From Ad IDEM / CMLA
The ABQB denied an application for a discretionary publication ban under section 486.5 of the Criminal Code after careful consideration of the factors set out in s. 486.5(7) and analysis under the Dagenais/Mentuck test.
In this murder case the Crown theory is that the two accused shot and killed the deceased in 2006 during an attempt to extricate information from the victim about a rival drug gang so that one or more of the rivals could be murdered.
The Crown brought an Application under s. 486.5(1) of the CCC on behalf of seven civilians who will be called as Crown witnesses in the murder trial set to commence in April 2017. The Application was for an Order directing that any information that could identify each witness not be published or broadcast or transmitted in any way at any time.
PostMedia Network Inc., the CBC and CTV opposed the application and were supported by The Calgary Herald, the Calgary Sun, and, the two accuseds.
All seven witnesses had testified at the preliminary inquiry, which was open to the public.