R. v. Banville (B.), (1982) 41 N.B.R.(2d) 114 (PC)
| Judge | Harper, J. |
| Court | Provincial Court of New Brunswick (Canada) |
| Case Date | August 25, 1982 |
| Jurisdiction | New Brunswick |
| Citations | (1982), 41 N.B.R.(2d) 114 (PC) |
R. v. Banville (B.) (1982), 41 N.B.R.(2d) 114 (PC);
41 R.N.-B.(2e) 114; 107 A.P.R. 114
MLB headnote and full text
Sommaire et texte intégral
R. v. Banville
Indexed As: R. v. Banville (B.)
Répertorié: R. v. Banville (B.)
New Brunswick Provincial Court
Criminal Division
Harper, J.
August 22, 1982.
Summary:
Résumé:
The accused, a reporter for the Bangor Daily News, an American newspaper, was charged under s. 467(3) of the Criminal Code of Canada with breaching a trial judge's prohibition against publishing the evidence at a preliminary inquiry. The accused was present when the prohibition order was made and understood it. He nevertheless published a story on the evidence in the newspaper which had a circulation of approximately 17 in New Brunswick. He appeared to answer the charge.
The New Brunswick Provincial Court convicted the accused and sentenced him to a fine of $200 or twenty days imprisonment in default.
Civil Rights - Topic 2486
Freedom of the press - Limitations - Court proceedings - Preliminary inquiry - The New Brunswick Provincial Court held that the Canadian Charter of Rights and Freedoms, 1982, did not protect a reporter from conviction on a charge of violating a judge's order prohibiting publication of evidence at a preliminary inquiry contrary to s. 467(3) of the Criminal Code of Canada.
Civil Rights - Topic 8304
Canadian Charter of Rights and Freedoms - Application of - The New Brunswick Provincial Court held that the Canadian Charter of Rights and Freedoms was not retroactive and was inapplicable to an offence which occurred before the Charter became law - See paragraph 42.
Criminal Law - Topic 213
General principles - Defences - Common law - De minimis non curat lex - Trifling matters - An American reporter for an American newspaper published in his newspaper the evidence of a Canadian preliminary inquiry contrary to the trial judge's order - The paper had a circulation of only 17 in Canada - The reporter pleaded that the matter was trifling in importance - The New Brunswick Provincial Court convicted the accused of violating the judge's order - See paragraphs 48 to 52.
Criminal Law - Topic 440
Offences against the administration of justice - Disobedience - Disobedience of a court order - Breach of prohibition against publishing preliminary inquiry evidence - An American reporter for an American newspaper published evidence of a Canadian preliminary inquiry contrary to the trial judge's prohibition order under s. 467 of the Criminal Code of Canada - The reporter was present in court when the prohibition order was made and understood it - The newspaper had a circulation of 17 in Canada - The New Brunswick Provincial Court convicted the reporter under s. 467(3) of the Criminal Code of breaching the prohibition order.
Criminal Law - Topic 5928
Sentence - Contempt - Breach of prohibition against publishing preliminary inquiry evidence - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 467 - An American reporter for an American newspaper published evidence of a Canadian preliminary inquiry contrary to the trial judge's prohibition order - The reporter was present in court when the prohibition order was made and understood it - The newspaper had a circulation of 17 in Canada - The reporter returned and submitted himself to the court - The New Brunswick Provincial Court convicted the reporter of breach of the prohibition order and sentenced him to a fine of $200.00 or 20 days imprisonment in default - See paragraphs 53 to 62.
Statutes - Topic 6703
Operation and effect - Retrospective enactments - Retroactive operation - What constitutes - The New Brunswick Provincial Court held that the Canadian Charter of Rights and Freedoms was not retroactive - See paragraph 42.
Cases Noticed:
Regina v. Bryan et al. (1954), 18 C.R. 143, refd to. [para. 23].
Hatfield v. Healy (1911), 3 Alta. L.R. 327, consd. [para. 25].
Hunt v. Clark (1889), 58 L.J.Q.B. 490, consd. [para. 49].
Carl-Zeiss-Stiftung v. Rayner and Keeler Ltd., [1960] 3 All E.R. 289, consd. [para. 50].
Re Regina v. Thibodeau; In re Saint John Telegraph-Journal et al. (1956), 23 C.R. 285, consd. [para. 24].
Statutes Noticed:
Canadian Charter of Rights and Freedoms, 1982, sect. 1 [para. 40]; sect. 2(b) [para. 34].
Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 5(2) [para. 44]; sect. 21 [para. 29]; sect. 263 [para. 31]; sect. 467(3) [para. 22].
Authors and Works Noticed:
Borrie and Lowe, The Law of Contempt (1973), p. 197 [para. 51].
Webster's Third New International Dictionary (1971) [para. 31].
Counsel:
John H. Evans, for the Crown;
John M. Hanson, for the accused.
This case was heard before Harper, J., of the New Brunswick Provincial Court, Criminal Division, who delivered the following judgment on August 25, 1982:
To continue reading
Request your trial
-
R. v. Daly (J.L.) et al., 2003 BCSC 1143
...in writing the pieces but they played no part, on the evidence, in publishing the articles. The judgment in R. V. Banville, 41 N.B.R. (2d) 114 while instructive is not relevant on the facts as found by the trial judge in the instant case with respect to the definition of "publication". [99]......
-
R. v. Banville (B.), (1983) 45 N.B.R.(2d) 134 (TD)
...New Brunswick of approximately 17. He appeared to answer the charge. The New Brunswick Provincial Court, in a decision reported in (1982), 41 N.B.R.(2d) 114; 107 A.P.R. 114, convicted the accused and sentenced him to pay a $200.00 fine or serve 20 days imprisonment in default. The accused a......
-
R. v. Dimmock (G.) et al., (1999) 211 N.B.R.(2d) 138 (TD)
...aided and abetted publication. Cases Noticed: R. v. Smithers, [1978] 1 S.C.R. 506; 15 N.R. 287, refd to. [para. 9]. R. v. Banville (1982), 41 N.B.R.(2d) 114; 107 A.P.R. 114 (Prov. Ct.), dist. [para. Statutes Noticed: Family Services Act, S.N.B. 1980, c. F-2.2, sect. 10(2) [para. 4]. Counsel......
-
R. v. Daly (J.L.) et al., (2005) 215 B.C.A.C. 107 (CA)
...138 (T.D.), refd to. [para. 22]. R. v. Banville (1983), 45 N.B.R.(2d) 134; 118 A.P.R. 134; 3 C.C.C.(3d) 312 (T.D.), affing. in part (1982), 41 N.B.R.(2d) 114; 107 A.P.R. 114; 69 C.C.C.(2d) 520 (Prov. Ct.), refd to. [para. Canadian Broadcasting Corp. v. Dagenais et al., [1994] 3 S.C.R. 835; ......
-
R. v. Daly (J.L.) et al., 2003 BCSC 1143
...in writing the pieces but they played no part, on the evidence, in publishing the articles. The judgment in R. V. Banville, 41 N.B.R. (2d) 114 while instructive is not relevant on the facts as found by the trial judge in the instant case with respect to the definition of "publication". [99]......
-
R. v. Banville (B.), (1983) 45 N.B.R.(2d) 134 (TD)
...New Brunswick of approximately 17. He appeared to answer the charge. The New Brunswick Provincial Court, in a decision reported in (1982), 41 N.B.R.(2d) 114; 107 A.P.R. 114, convicted the accused and sentenced him to pay a $200.00 fine or serve 20 days imprisonment in default. The accused a......
-
R. v. Dimmock (G.) et al., (1999) 211 N.B.R.(2d) 138 (TD)
...aided and abetted publication. Cases Noticed: R. v. Smithers, [1978] 1 S.C.R. 506; 15 N.R. 287, refd to. [para. 9]. R. v. Banville (1982), 41 N.B.R.(2d) 114; 107 A.P.R. 114 (Prov. Ct.), dist. [para. Statutes Noticed: Family Services Act, S.N.B. 1980, c. F-2.2, sect. 10(2) [para. 4]. Counsel......
-
R. v. Daly (J.L.) et al., (2005) 215 B.C.A.C. 107 (CA)
...138 (T.D.), refd to. [para. 22]. R. v. Banville (1983), 45 N.B.R.(2d) 134; 118 A.P.R. 134; 3 C.C.C.(3d) 312 (T.D.), affing. in part (1982), 41 N.B.R.(2d) 114; 107 A.P.R. 114; 69 C.C.C.(2d) 520 (Prov. Ct.), refd to. [para. Canadian Broadcasting Corp. v. Dagenais et al., [1994] 3 S.C.R. 835; ......