Punting publication bans.

• Author: Mitchell, Teresa
• Position: Bench Press - Law overview - Case overview

A number of media groups challenged the constitutionality of s. 517 of the Criminal Code, which states that when an accused asks for a publication ban of a bail hearing, it must be granted, even if the accused elects for a trial by judge alone and not by jury. The challenge arose in the case of Michael White who was convicted of murdering his pregnant wife, Liana. Justice Scott Brooker of the Court of Queen's Bench of Alberta agreed that s. 517 is overly broad and therefore unconstitutional. He ruled that the ban on reporting infringes freedom of the press and hinders the public's awareness of court processes, leading to "public speculation, misunderstanding, and mistrust of...