CCLA Challenges Mandatory Publication Bans in Bail Hearings

On November 16, 2009 the CCLA appeared before the Supreme Court of Canada to challenge the constitutionality of s. 517 of the Criminal Code, which provides for a mandatory publication ban over bail hearing proceedings when requested by the accused. In its intervention, the CCLA argued that the mandatory nature of the ban is unconstitutional, as it can infringe both freedom of expression and the rights of co-accused who may prefer to have the relevant information made public. CCLA further suggested that all of the interests at stake must be appropriately balanced when determining whether a publication ban should be ordered. To view a copy of the CCLA’s factum, click here.