R. v. Banville (B.), (1983) 45 N.B.R.(2d) 134 (TD)

JudgeHoyt, J.
CourtCourt of Queen's Bench of New Brunswick (Canada)
Case DateJanuary 17, 1983
JurisdictionNew Brunswick
Citations(1983), 45 N.B.R.(2d) 134 (TD);1983 CanLII 3027 (NB QB);45 NBR (2d) 134;145 DLR (3d) 595;34 CR (3d) 20;3 CCC (3d) 312;[1983] NBJ No 110 (QL);5 CRR 142;9 WCB 102

R. v. Banville (B.) (1983), 45 N.B.R.(2d) 134 (TD);

    45 R.N.-B.(2e) 134; 118 A.P.R. 134

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 Court of Queen's Bench

Trial Division

Judicial District of Edmundston

Hoyt, J.

January 17, 1983.

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 in 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 appealed both conviction and sentence.

The New Brunswick Court of Queen's Bench, Trial Division, dismissed the appeal against conviction, but allowed the appeal against sentence, substituting an absolute discharge.

Civil Rights - Topic 2486

Freedom of the press - Limitations - Court proceedings - Preliminary inquiry - The New Brunswick Court of Queen's Bench, Trial Division, affirmed 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 - See paragraphs 8 to 17.

Civil Rights - Topic 2486

Freedom of the press - Limitations - Court proceedings - Preliminary inquiry - Section 467(1) of the Criminal Code of Canada provides for an order restricting publication of evidence at a preliminary inquiry - The New Brunswick Court of Queen's Bench, Trial Division, held that s. 467(1) does not restrict freedom of the press, because the section neither prevents an open trial nor absolutely prohibits publication of the evidence, but only defers publication - The court stated that the concept of freedom of the press must bow to the obligation to insure the accused a fair trial - See paragraphs 8 to 17.

Civil Rights - Topic 8304

Canadian Charter of Rights and Freedoms - Application of - The New Brunswick Court of Queen's Bench, Trial Division, held that the Canadian Charter of Rights and Freedoms is inapplicable to an offence which occurred before the Charter became law - See paragraph 9.

Criminal Law - Topic 213

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 in New Brunswick of approximately 17 - The reporter pleaded that the matter was trifling in importance - The New Brunswick Court of Queen's Bench, Trial Division, affirmed the accused's conviction of violating the judge's order - See paragraph 21.

Criminal Law - Topic 440

Offences against 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 in New Brunswick of approximately 17 - The New Brunswick Court of Queen's Bench, Trial Division, affirmed the reporter's conviction under s. 467(3) of the Criminal Code for breaching the prohibition order - See paragraphs 18 to 20.

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 in New Brunswick of 17 - The reporter returned and submitted himself to the court - The New Brunswick Court of Queen's Bench, Trial Division, convicted the reporter of breach of the prohibition order, but granted the reporter an absolute discharge - See paragraphs 22 to 24.

Statutes - Topic 6703

Operation and effect - Retrospective enactments - Retrospective operation - What constitutes - The New Brunswick Court of Queen's Bench, Trial Division, held that although the Canadian Charter of Rights and Freedoms may apply retrospectively, the Charter does not apply to an offence completed before the Charter was proclaimed - See paragraph 9.

Cases Noticed:

R. v. Davidson (1982), 40 N.B.R.(2d) 702; 105 A.P.R. 702, consd. [para. 9].

R. v. Potma, 7 W.C.B. 365, consd. [para. 9].

Re s. 12 of the Juvenile Delinquents Act, 8 W.C.B. 206, consd. [para. 12].

Re C.B.R., 8 W.C.B. 206, consd. [para. 16].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 467(1) [paras. 3, 6, 8, 10, 14, 17, 20]; sect. 467(3) [para. 1].

Canadian Charter of Rights and Freedoms, 1982, sect. 2(b) [para. 8]; sect. 11(d) [para. 14].

Canadian Bill of Rights, R.S.C. 1970, App. III, sect. 1(f) [paras. 6, 8].

Counsel:

John M. Hanson, for the appellant;

David Hitchcock, for the respondent.

This appeal was heard before Hoyt, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Edmundston, at Edmundston, New Brunswick, on January 17, 1983. The decision of Hoyt, J., was delivered orally on January 17, 1983.

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4 practice notes
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    • British Columbia Supreme Court of British Columbia (Canada)
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    ...by the trial judge in the instant case with respect to the definition of "publication". [99] The Crown relies on R. v. Banville (1983), 3 C.C.C. (3d) 312 (N.B.Q.B.), aff'ing 69 C.C.C. (2d) 520 (N.B. Prov.Ct.). The Queens Bench decision varied the sentence, but confirmed the decision of the ......
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    • Canada
    • Provincial Court of Alberta (Canada)
    • 3 Junio 2002
    ...which is approximately eight blocks from the location where Mr. Hunchak lay wounded, with his partner Barbara Gunther. At approximately 3:20 or 3:25 in the afternoon, he was sitting in the front room of his house; he heard an automobile coming down the street at a high rate of speed. He loo......
  • College of Teachers (B.C.) v. British Columbia (Attorney General) et al., [2010] B.C.T.C. Uned. 847
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 15 Junio 2010
    ...preliminary inquiry, so as to protect the independence and impartiality of the trier of fact at the subsequent trial: R. v. Banville (1983), 34 C.R. (3d) 20 (N.B.Q.B.). The ban is very wide, as it is on the entirety of the evidence given. It is therefore key to the constitutional validity o......
4 cases
  • R. v. Carter (C.) et al., [2005] O.T.C. 1117 (SC)
    • Canada
    • Ontario Superior Court of Justice of Ontario (Canada)
    • 1 Noviembre 2005
    ...of the facts, I also find as inherent, and therefore, neutral time, the following time periods: (a) the five-month period from January 1, 20 or 3 to May 27, 2003; (b) the period from August 26, 2003 to October 14, 2003 during which time a second pre-trial was considered to be necessary by t......
  • R. v. Daly (J.L.) et al., 2003 BCSC 1143
    • Canada
    • British Columbia Supreme Court of British Columbia (Canada)
    • 21 Julio 2003
    ...by the trial judge in the instant case with respect to the definition of "publication". [99] The Crown relies on R. v. Banville (1983), 3 C.C.C. (3d) 312 (N.B.Q.B.), aff'ing 69 C.C.C. (2d) 520 (N.B. Prov.Ct.). The Queens Bench decision varied the sentence, but confirmed the decision of the ......
  • R. v. Deelespp (A.), [2002] A.R. Uned. 271 (PC)
    • Canada
    • Provincial Court of Alberta (Canada)
    • 3 Junio 2002
    ...which is approximately eight blocks from the location where Mr. Hunchak lay wounded, with his partner Barbara Gunther. At approximately 3:20 or 3:25 in the afternoon, he was sitting in the front room of his house; he heard an automobile coming down the street at a high rate of speed. He loo......
  • College of Teachers (B.C.) v. British Columbia (Attorney General) et al., [2010] B.C.T.C. Uned. 847
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 15 Junio 2010
    ...preliminary inquiry, so as to protect the independence and impartiality of the trier of fact at the subsequent trial: R. v. Banville (1983), 34 C.R. (3d) 20 (N.B.Q.B.). The ban is very wide, as it is on the entirety of the evidence given. It is therefore key to the constitutional validity o......

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