The Superior Court of Justice has established a publication ban notification system, which can be accessed through the Court’s website:
English | French
This system will enhance access to justice and the transparency of court proceedings by clarifying the process that parties must follow if they intend to ask the Court to impose a discretionary publication ban in a proceeding. The new notification service established by the Court provides parties with a free and effective way to give notice of the publication ban request to the media, in accordance with the Supreme Court of Canada’s decision in Dagenais v. Canadian Broadcasting Corporation, [1994] 3 SCR 835.
The new publication ban notification system has three elements:
- Effective July 1, 2016, the Court’s Consolidated Provincial Practice Direction will be revised. A new section requires any person seeking a discretionary publication ban in a Superior Court proceeding to (i) prepare, serve and file a written notice of application/motion, in accordance with the applicable rules; and (ii) provide notice about the motion/application to the media through the court’s publication ban notification service.
- The requesting party provides the requisite notice to the media by completing and submitting a “Notice of Request for Publication Ban” form available through the Court’s website. (The Notice can be completed and submitted in French or English.)
- Once a Notice of Request for Publication Ban is received, the content of the Notice will be sent, via email, to members of the media listed on the “Superior Court of Justice Publication Ban Notification Media Subscriber List”. Members of the media who want to be added to the Media Subscriber List can access and complete a form online in French or English.
Correspondence from Ms. Roslyn Levine, Office of the Chief Justice, Superior Court of Justice