Tribunal ban how long
Applicants must fill out the form below and click on "Submit for Verification". Read through the information shown to verify its accuracy. If it is correct, click on "Submit to Confirm Your Identity".
The completed form will be sent to the email address provided, so you can confirm your identity. Open the email, click on the link provided and the notice will be emailed directly to members of the media who have subscribed to the service.
It is important to note that the form below is only for notifying the media of an application for a publication ban. It is not a substitute for the usual Rules involved in Interlocutory Applications. Excluding exceptional circumstances, applicants are expected to provide at least three clear days' notice to the media.
This ensures members of the media are aware of the application and have sufficient time to prepare a challenge, if they wish to do so. These notices are emailed directly to journalists, prosecutors, lawyers, and other members of the legal community who have subscribed to the service.
Please note that subscribers will have access to all the information you include in your form, including addresses and contact information.
File No:. In cases where a file is transferred from the Provincial Court to the Supreme Court for the purposes of trial, the ban remains in force until the trial has ended. However, the ban does not apply to any evidence given during the trial. Section 6 - An order may be made under this section to ban publication of the identity of jurors where such an order is necessary for the proper administration of justice. Quick Links. Email page. Print page. There are exceptions.
These occur when the Court orders a publication ban to protect a victim, witness or justice system participant. The Court will take into account who the publication ban is for, the kind of offence and other factors when deciding whether to make the order.
A publication ban may be appropriate, for example, to:. The Criminal Code sets out the rules governing publication bans. These rules vary depending upon who is applying for the publication ban and the nature of the proceedings. For example, the Court must inform victims who are under the age of 18 of their right to seek a publication ban and, if the victim requests one, the Court must order the publication ban.
The Court must also tell all victims and witnesses of sexual offences who are under 18 that they have the right to seek a publication ban. If they ask for a ban, the Court must order it.
The Criminal Code also states that the Court may order a publication ban to protect the identity of any other victim over the age of 18 or any other witness if the Court believes that the order is "in the interest of the proper administration of justice.
When deciding whether to order a publication ban for such victims, witnesses or justice system participants, the Court must take several factors into account. These include:.
A hearing to decide whether to order a publication ban is less formal than a trial and may be held in private, instead of in open court. The victim, witness, or justice system participant asking for the publication ban can speak for themselves or they can ask a lawyer to speak on their behalf. If the Court agrees that a publication ban is needed to protect the identity of the victim, witness or justice system participant, the Court will order the ban.
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