Keeping Up Is Hard to Do:
A Trial Judge’s Reading Blog

PUBLICATION BANS-NAME OF THE ACCUSED

In R.R. v. Newfoundland and Labrador, 2022 NLSC 46, March 23, 2022, the accused, who was charged with the offence of sexual assault, obtained an interim order, pursuant to the Supreme Court’s inherent jurisdiction, prohibiting the publication of his name.   He applied for the order to be continued.

The application was denied. Justice Adams concluded that the applicant had “failed to meet the test for a restriction on the open court represented by a publication ban on the publication of his name or anything which could lead to the disclosure of his identity” (at paragraph 102).

In a subsequent decision (2022 NLSC 54), Justice Adams stayed his pending an application by the applicant for leave to appeal to the Supreme Court of Canada.