Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 14 DECEMBER 2020

Publication Bans: Do They Help Or Hurt Abuse Survivors?

Torkin Manes LLP
Explore more from Torkin Manes LLP

There are some interesting legal issues that arise for sexual abuse survivors when there are related criminal and civil proceedings.

CanadaCriminal Law
Loretta Merritt
Loretta Merritt
Author LinkedIn connections

There are some interesting legal issues that arise for sexual abuse survivors when there are related criminal and civil proceedings. Most times, when a criminal case is brought first and a conviction obtained, the law works in favour of abuse survivors. See for example my July 2014 article Concurrent Criminal and Civil Cases: Making the Most of Evidence and my October 2014 article Legal Proceedings: Civil or Criminal?

Recently, the Nova Scotia Court of Appeal decided a case regarding publication bans which may present good news for many abuse survivors, but may leave some sexual abuse survivors unhappy with the result.

In United Kingdom of Great Britain and Northern Ireland (Attorney General ) v. L.A. The plaintiff/complainant was sexually assaulted by members of Great Britain's Royal Navy hockey team while they were in Nova Scotia. There was a criminal prosecution regarding sexual assault and the complainant subsequently started a civil lawsuit based on the

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Bill C-29 And Canada’s Proposed Financial Crimes Agency: What You Need To Know

Canada is poised to establish its first dedicated Financial Crimes Agency through Bill C-29, a legislative initiative that promises to reshape the country's approach to investigating and prosecuting financial offenses. The proposed agency would operate with broad investigative powers and a sweeping mandate covering everything from money laundering to digital asset crimes, backed by $352.7 million in federal funding over five years. With the authority to create its own specialized police force and coordinate
CanadaCriminal Law
McCarthy Tétrault
McCarthy Tétrault
Article

Lawyer Receives 6-Month Suspension For Misuse Of Artificial Intelligence (Law Society Of Ontario v. Lee)

The misuse of artificial intelligence by litigants and lawyers continues to be alarming. Although it is well-documented that generative artificial intelligence platforms have a tendency to produce inaccurate answers to legal questions, and, moreover, to produce output which references non-existing cases or which inaccurately portrays legal propositions in existing cases, these tools continue to be used recklessly.
CanadaCriminal Law
Gardiner Roberts LLP
Gardiner Roberts LLP