Supreme Court to examine law that limits reporting of criminal proceedings

The Supreme Court of Canada is seen, Wednesday, August 10, 2022 in Ottawa. THE CANADIAN PRESS/Adrian Wyld

OTTAWA — The Supreme Court of Canada will look at whether a law banning publication of certain proceedings in criminal matters applies before the selection of a jury.

A consortium of major media outlets asked the top court to hear the appeal, given conflicting interpretations from various courts as to how Section 648 of the Criminal Code should be applied.

The consortium said in its application to the Supreme Court that media have been prevented from reporting on pretrial matters despite clear language in the statute that indicates the ban applies only after a jury has been selected.

The outlets argued this interpretation has limited the ability of the Canadian public to receive information about the proper functioning of the courts.

The outlets do not challenge the constitutionality of the Criminal Code section, but rather the interpretation of the law.

As usual the Supreme Court gave no reasons for agreeing to examine the matter, and no date has been set for a hearing.

This report by The Canadian Press was first published Oct. 20, 2022.