Publication
715.42 (1) Subject to subsection (2), the following must be published by the court as soon as practicable:
(a) the remediation agreement approved by the court;
(b) an order made under any of sections 715.37 to 715.41 and the reasons for that order or the reasons for the decision not to make that order; and
(c) a decision made under subsection (2) or (5) and the reasons for that decision.
Decision not to publish
(2) The court may decide not to publish the agreement or any order or reasons referred to in paragraph (1)(b), in whole or in part, if it is satisfied that the non-publication is necessary for the proper administration of justice.
Factors to be considered
(3) To decide whether the proper administration of justice requires making the decision referred to in subsection (2), the court must consider
(a) society’s interest in encouraging the reporting of offences and the participation of victims in the criminal justice process;
(b) whether it is necessary to protect the identity of any victims, any person not engaged in the wrongdoing and any person who brought the wrongdoing to the attention of investigative authorities;
(c) the prevention of any adverse effect to any ongoing investigation or prosecution;
(d) whether effective alternatives to the decision referred to in subsection (2) are available in the circumstances;
(e) the salutary and deleterious effects of making the decision referred to in subsection (2); and
(f) any other factor that the court considers relevant.
Conditions
(4) The court may make its decision subject to any conditions that it considers appropriate, including a condition related to the duration of non-publication.
Review of decision
(5) On application by any person, the court must review the decision made under subsection (2) to determine whether the non-publication continues to be necessary for the proper administration of justice. If the court is satisfied that the non-publication is no longer necessary, it must publish the agreement, order or reasons, as the case may be, in whole or in part, as soon as practicable.
Annotations
- Part XXII.1