517

Order directing matters not to be published for specified period

517 (1) If the prosecutor or the accused intends to show cause under section 515, he or she shall so state to the justice and the justice may, and shall on application by the accused, before or at any time during the course of the proceedings under that section, make an order directing that the evidence taken, the information given or the representations made and the reasons, if any, given or to be given by the justice shall not be published in any document, or broadcast or transmitted in any way before such time as

(a) if a preliminary inquiry is held, the accused in respect of whom the proceedings are held is discharged; or

(b) if the accused in respect of whom the proceedings are held is tried or ordered to stand trial, the trial is ended.

Failure to comply

(2) Every person who fails, without lawful excuse, to comply with an order made under subsection (1) is guilty of an offence punishable on summary conviction.

(3) [Repealed, 2005, c. 32, s. 17]

Annotations | French

  • Section 517

     

  • The objectives of s. 517 are to safeguard the right to a fair trial and ensure quick bail hearings. \The publication ban only applies to evidence, information given, representations made, and reasons of the justice at the bail hearing; Toronto Star Newspapers Ltd v Canada, 2010 SCC 21 at paras 64, 23, 33, 38-39, 49, 60.

     

  • Section 517 does not apply to bail review orders conducted under s. 680, and the court will not provide edited copies of its reasons for publication purposes; R v J.A., 2020 ONCA 695 at paras 5, 11.

     

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