Publication Bans in Sexual Assault Cases

The short answer

In a sexual assault case, the court can order that nothing identifying the complainant be published or broadcast. If the complainant, a witness under 18 or the Crown asks for this order, the judge must make it under s. 486.4. The ban protects the complainant and witnesses, and it does not usually protect the person who is charged. Understanding what the ban covers is important, because breaking it is a separate criminal offence.

When the ban is ordered

In sexual offence cases, the judge must tell the complainant, and any witness under 18, about their right to ask for a publication ban. If any of them, or the Crown, applies for the ban, the judge must make it.

If the Crown applies, the judge must ask whether the complainant wants the ban, or confirm that the Crown consulted them first. The complainant's own wishes matter.

What the ban covers

The ban covers anything that could identify the complainant or a protected witness. That can include their name, address, workplace, school, family relationships and photographs. It applies to every kind of publication, including social media posts, comments and shared images. The ban applies no matter how long ago the alleged events took place, including in historical sexual assault cases.

Does the ban protect the accused?

The ban usually does not protect the accused. The name of the person charged can generally be published. The exception is when publishing it would identify the complainant, for example when they are family members.

For example, in a case involving a parent and child, naming the parent would identify the child, so the parent's name is often covered by the ban as well.

Exceptions

The ban does not apply in the following situations:

• Sharing information within the justice system, when it is not meant to be made public.
• A protected person sharing their own identity, as long as they do not reveal another protected person.
• A complainant or witness sharing information privately, such as with a lawyer, a doctor or a person they trust.

A complainant or witness can apply to the court to change or lift the ban.

What this means if you are charged

You must not post or share anything that could identify the complainant, anywhere. That includes private group chats, comments and messages to friends. Breaking a publication ban is a separate criminal offence, and it can also lead to stricter release conditions.

Other publication bans you may hear about

• Bail hearings: You can ask for a ban on the evidence from your bail hearing, which the court must grant on your request (s. 517). It lasts until the case ends.
• Youth cases: A young person's identity is protected under the Youth Criminal Justice Act. See youth criminal records and publication bans.

Testimonial aids for complainants

Complainants in sexual assault cases are entitled to support when they testify. On request, the judge must generally allow a support person, a screen or testimony from outside the courtroom, unless that would interfere with the proper administration of justice (ss. 486.1 and 486.2). Bill C-16 strengthened the presumption that these aids are available. These measures do not change the Crown's burden of proof, and the defence can still cross-examine the complainant.

Protecting your own privacy

Although the publication ban does not usually protect the accused, there are still ways to limit publicity. A ban on the evidence from your bail hearing can keep details out of the media until the case ends. You should also avoid commenting on the case on social media, because posts can be used as evidence and can identify the complainant.

Effects beyond the case

News coverage can affect your work and relationships even if the charge is later withdrawn or you are acquitted. A lawyer can explain what information is likely to be public and how to respond to questions from employers or others while the case is ongoing.

Common mistakes that can breach a ban

Many breaches happen by accident. People share a news story with a comment that names the complainant. Others post about the case in a group chat. Some describe the complainant's workplace or school in a way that identifies them. Any of these can breach the ban. Before posting anything about the case, speak to your lawyer.

What to do now

• Do not post, comment or share anything about the case online.
• Ask family and friends not to discuss the case on social media.
• Ask your lawyer about a ban on your bail hearing evidence.
• Let your lawyer respond to any media questions.

Publication bans in the courtroom

Court hearings in sexual assault cases are usually open to the public. The publication ban does not close the courtroom. It controls what people can publish afterwards. In some situations, the judge can make other orders, such as excluding the public while a young witness testifies.

How the ban works alongside other protections

The publication ban is only one of several protections that the Criminal Code gives complainants in sexual assault cases. Others include testimonial aids, restrictions on sexual history evidence and special rules for private records. Together, these protections are designed to encourage complainants to come forward while preserving the accused person's right to a fair trial and to full answer and defence.

How we can help

We can explain what the ban in your case covers, and ask for a bail hearing ban if it helps protect your privacy while the case goes on. Call (647) 223-1980 for a free, confidential consultation.

Frequently asked questions