44th Parl. 1st Sess.
October 5, 2023
- 04:44:21 p.m.
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Thank you, Mr. Taylor and Mr. Fortin.
We will now move to Mr. Garrison.
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- 04:44:31 p.m.
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Thanks very much, Madam Chair.
I just want to say, for the record, that I feel my privileges as a member of this committee were breached by the early start of the committee. We have an agreement, which has always stood in this committee, that the committee will not begin until 10 minutes after a recorded vote in the House. I was in the House voting, so I apologize if some of the things I'm about to ask have been covered.
I'm prepared to let it go at that.
Thank you for being here again. It's always good to see you.
In the session the other day, when the minister was here, I asked about the number of times publication bans are applied, and I really think that I wasn't particularly clear. I'm asking two questions there: How many times are publication bans used and how many times are publications automatically used in these cases? I was really trying to ask two things there. I know somewhat what your answer is, but I'd like to hear it.
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- 04:45:27 p.m.
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Thank you for the question.
As I think the minister articulated on Tuesday, we don't have national statistics on that information.
After the committee appearance on Tuesday, we went back and asked Statistics Canada what information they do collect. The reason we were given as to why they don't collect the information is that this is a procedural order that is made in the course of a trial. They don't have that data. That's not to say that data can't be collected; it's just that currently they don't collect it. We would have to work with the provinces and courthouses to be able to collect that information.
I expect that publication bans are imposed routinely every day across Canada, but what that number is, I don't know. They do collect information on the offence for breaches of publication bans. That is fairly limited. If you want that information, I can provide it, but I know time is short.
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- 04:46:23 p.m.
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They do collect information on the number of sexual assault cases that are dealt with. If publication bans are routinely applied, which we've heard a number of times, then we should know roughly how many times they're used, if we know the number of sexual assault cases.
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- 04:46:37 p.m.
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Absolutely, they do collect information on the number of charges that are laid by police officers and the number of outcomes reported by courts. I think your question speaks to the capacity to collect that information, but they don't currently collect that information.
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- 04:46:56 p.m.
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They collect the information on the number of sexual assault cases that go to court—
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- 04:46:59 p.m.
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- 04:47:01 p.m.
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—so we should have that number.
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- 04:47:02 p.m.
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They don't currently collect it. That's all I can provide.
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- 04:47:07 p.m.
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Okay. Let me move on from that.
I guess what we're establishing here is that we know anecdotally that these bans are routinely put in place, so victims of sexual assault are regularly subjected to the ban without being informed under the current regulations.
Are there any situations in which a ban on publication can be used under the current law to benefit the accused? Does this happen?
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- 04:47:37 p.m.
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I would answer it this way: Publication bans are imposed for the benefit of the victim or the witness, first and foremost. The interests of the accused are not taken into account in terms of determining whether the publication ban could be imposed.
Incidentally, the consequence of the publication ban imposed to protect a victim could also result in protecting the identity of the accused, if reporting on the identity of the accused would identify the victim.
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- 04:48:13 p.m.
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Then we shouldn't be seeing cases in court in which the defence counsel for the accused is allowed to make representations on the publication ban.
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- 04:48:22 p.m.
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That's correct. The accused doesn't have standing on these matters. As I said, a publication ban doesn't benefit them.
We do have some case law. I would just have to dig it up for you.
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- 04:48:32 p.m.
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It's just that, again, anecdotally, we have sometimes heard about how defence attorneys have made presentations in court on publication bans and their lifting or their variance.
That's something that should not be happening. Is that what I'm hearing?
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- 04:48:43 p.m.
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That's correct. The law is clear that a publication ban is in place to protect the identity of a victim or witness, not to benefit the accused.
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- 04:48:51 p.m.
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Would the text of Bill S-12 do anything to clarify that situation?
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- 04:48:59 p.m.
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There are amendments in Bill S-12 that were passed by the Senate and that speak to the issue of the accused.
The concern that was discussed in the Senate when those amendments were debated was whether that would suggest to the courts or the criminal justice system that an accused currently has an interest in these proceedings and that Parliament is presumed to be acting for a reason. The counterpoint was made that this was really meant to reflect the status quo of the law.
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- 04:49:37 p.m.
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In terms of the requirement that victims be informed when there's a publication ban, does the current text of Bill S-12 require that victims be informed if they have a right to request a publication ban, if they should so desire, or is this simply an after-the-fact notification?
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- 04:49:57 p.m.
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There are a number of different places in the bill that speak to the obligations of the court and the prosecutor to engage with the victim. There is language that speaks to the obligation to inform a victim or witness of their right to apply to revoke or vary a publication ban.
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- 04:50:18 p.m.
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I know I'm perilously close to the end. I have just one more brief question.
In the current legislation, are there any restrictions on varying or lifting publication bans?
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