Courts Can Vary Or Set Aside Publication Bans In Limited Circumstances, SCC Rules

A recent Supreme Court of Canada (SCC) ruling has breathed new life into the Canadian Broadcasting Corporation's (CBC) efforts to lift a publication ban in a wrongful conviction case, and provided clarity on when publication bans and similar restrictions may be altered or set aside.

On September 28, 2021, a majority of the SCC held that a party affected by a publication ban or sealing order may seek to have the restriction altered or removed, even if the underlying proceeding has concluded. This particular case involved the wrongful conviction proceeding involving Stanley Ostrowski, who was convicted of first degree murder in 1987.

Background

In 2014, Manitoba's Minister of Justice referred the Ostrowski case to the MBCA to determine whether Mr. Ostrowski had been wrongfully convicted. The Crown ultimately conceded that there had been a miscarriage of justice and that the 1987 conviction should be set aside. The MBCA quashed the conviction, ordered a new trial