C.B. v. Kimelman, Radio Station CJOB, Affiliate Station CHMM and Manitoba (Attorney General), (1980) 5 Man.R.(2d) 66 (CA)

• Judge: Freedman, C.J.M., Monnin and Matas, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: April 18, 1980
• Jurisdiction: Manitoba
• Citations: (1980), 5 Man.R.(2d) 66 (CA)

C.B. v. Kimelman (1980), 5 Man.R.(2d) 66 (CA)

MLB headnote and full text

R. v. Bertrand; Bertrand v. Kimelman, Radio Station CJOB and Affiliate Station CHMM and Attorney General of Manitoba

Indexed As: C.B. v. Kimelman, Radio Station CJOB, Affiliate Station CHMM and Manitoba (Attorney General)

Manitoba Court of Appeal

Freedman, C.J.M., Monnin and Matas, JJ.A.

April 18, 1980.

Summary:

This headnote contains no summary.

Criminal Law - Topic 8717

Juveniles - Procedure - Trial "without publicity" - Meaning of - S. 12(1) of the Juvenile Delinquents Act, R.S.C. 1970, c. J-3, provided that "the trials of children shall take place without publicity" - The Manitoba Court of Appeal held that a trial "without publicity" was not the equivalent of a trial "in camera" and the trial of a juvenile must take place in open court, but with certain restrictions on publicity - The Court of Appeal held that a journalist was permitted to be present at the trial of a juvenile.

Statutes - Topic 1622

Interpretation - Extrinsic aids - Other statutes - Similar statutes - The Manitoba Court of Appeal in interpreting the words "without publicity" with respect to the trials of children referred to Canadian and English statutes which were similar - See paragraphs 7 to 10.

Words and Phrases

Without publicity - The Manitoba Court of Appeal discussed the meaning of the words "without publicity" in the sentence "the trials of children shall take place without publicity ..." in s. 12(1) of the Juvenile Delinquents Act, R.S.C. 1970, c. J-3.

Note: An application for leave to appeal to the Supreme Court of Canada was granted by the Supreme Court of Canada. See Bulletin of Proceedings taken in Supreme Court of Canada, dated October 10, 1980, at page 32.

Cases Noticed:

R. v. N., [1980] 1 W.W.R. 68, appld. [para. 15].

R. v. Gerald X, [1959] S.C.R. 638, reving 25 W.W.R.(N.S.) 97, appld. [para. 18].

Statutes Noticed:

Children and Young Persons Act, 1933 (Imp.), 23-24 Geo. 5, sect. 37, sect. 47, sect. 49 [para. 9].

Child Welfare Act, R.S.M. 1970, c. C-30, sect. 82 [para. 7].

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 441 [para. 7]; sect. 465(1)(j) [para. 11].

Juvenile Delinquents Act, R.S.C. 1970, c. J-3, sect. 12, sect. 38 [para. 3].

Authors and Works Noticed:

Black's Law Dictionary [para. 13].

Jowitt, Dictionary of English Law [para. 12].

Wharton's Law Lexicon (13th Ed.) [para. 14].

Counsel:

M.S. Minuk and M.B. Nepon, for the applicant/appellant;

F.D. Allen, Q.C., for the respondents/respondents (Radio Station CJOB and Affiliate Station CHMM);

W.W. Morton, Q.C., for Her Majesty the Queen.

This case was heard on February 12, 1980, at Winnipeg, Manitoba, before FREEDMAN, C.J.M., MONNIN and MATAS, JJ.A., of the Manitoba Court of Appeal.

On April 18, 1980, MONNIN, J.A., delivered the following judgment for the Court of Appeal: