Bibeau c La Presse et al 2019 QCCA

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Note

In this judgment, the Quebec Court of Appeal states that “at most” the absence of charges is just one of many factors that the Court has to consider in applying Dagenais/Mentuck under s. 487.3 of the Criminal Code.

Decision Summary

In Bibeau, the Court of Appeal seems to back away from its 2017 decision in Savard v La Presse (which was discussed at the 2018 Ad IDEM conference) that suggested that if no charges are laid, there should automatically be a publication ban on the contents of search warrants.

References

Bibeau c La Presse et al 2019 QCCA

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