Post #2: What is a Publication Ban?

According to the Department of Justice Canada, a publication ban is used to disallow the media and or the public from making any information or assumptions known to the outer world. This is because it may affect those involved such as the victim, witness and the accused. It may also affect the outcome of the trial. The ban is also implemented to ensure that those involved or affected by the trial receive fair treatment (Department of Justice Canada, n.d.).

Publication bans are not necessarily mandatory but there are exceptions. A judge must issue a publication ban in cases of sexual assault because of the impact the crime has on the victim and the witnesses (if any). In cases that do not deal with sexual assault, judges are to use their own discretion in deciding whether or not a publication ban is needed (Department of Justice Canada, n.d.).

If you are interested in finding out whether a case is under a publication ban please go to http://www.scc-csc.gc.ca/media/decisions/index-eng.asp and under the heading of “publication ban” click on “SCC Case Information” (Supreme Court of Canada, 2012).

I think publication bans should be mandatory and not used based on a judge’s discretion. Yes, we all should be informed citizens. However, I feel that the ban should be in place until a decision has been reached. We are all innocent until proven guilty. Also, the media tends to exaggerate or sensationalize facts to increase their sales, and banning the media from releasing any information would deter any bias. I feel that jury members also need to stay open minded. If the media is able to report on the trial, and a jury member sees a newspaper article discussing the trial, their views may become biased.

Do you agree or disagree with me? Do you think publication bans are a good idea in order to ensure fairness and maintain justice for all? What is your feedback in regards to the definition of a publication ban?

 

References

Department of Justice Canada. (n.d.). Publication Ban. Retrieved from

http://www.justice.gc.ca/eng/pi/pcvi-cpcv/ban-inter.pdf 

 

Supreme Court of Canada. (2012). Resources for Media. Retrieved from

 http://www.scc-csc.gc.ca/media/decisions/index-eng.asp