Can a publication ban apply to exhibits filed in the course of a judicial proceeding?

Manitoba, Canada


The following excerpt is from R. v. David Côté [re: CanWest Media Works Inc. et al], 2007 MBQB 40 (CanLII):

Public access to the courts is a cornerstone of democracy. This includes access to exhibits filed in the course of judicial proceedings, subject to court intervention in limited circumstances. As stated in Dagenais v. Canadian Broadcasting Corp. (1994) 1994 CanLII 39 (SCC), 120 D.L.R. (4th) 12 at p. 39: …the objective of a publication ban authorized under the rule is to prevent real and substantial risks of trial unfairness -- publication bans are not available as protection against remote and speculative dangers. Earlier Lamer C.J.C. at p. 36 said that: The common law rule governing publication bans has been traditionally understood as requiring those seeking a ban to demonstrate that there was a real and substantial risk of interference with the right to a fair trial.

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