An Ottawa-based criminal defence lawyer is raising concerns about police naming some suspects, while choosing to withhold the names of others, in publicly available news releases following a crime. Lawrence Greenspon has advocated for police to withhold the names of suspects from releases and statements sent to the media for decades, arguing they remove the presumption of innocence prior to a trial or conviction. Despite unsuccessfully fighting the issue in court in the past, Greenspon argues the policy should be applied equally and that police services should not have the power to pick and choose when to release an accused individual’s name. “We know that when a person’s name is published or broadcast, the presumption of innocence goes out the window,” he told CTV News Ottawa’s Patricia Boal Monday evening. “But given that that is the policy to publish names of persons, it’s certainly not within the powers of the Ottawa police to determine which names they’re going to publish and which names they’re not going to publish. Whose lives they’re going to ruin and whose lives are going to remain anonymous. That’s where the real difficulty is.” The criticism comes after police did not release the name of a man accused of vandalizing the National Holocaust Memorial in Ottawa last month. He was later identified through court documents as Iain Aspenlieder, a former City of Ottawa lawyer. Police have often released the names of accused persons involved in murder or serious offences involving children. Ottawa police named 39-year-old Paul Jody (PJ) Borner in connection with alleged sexual offences dating back to 2011 earlier this month. Greenspon says he has been told by police that releasing the identity of a suspect could revictimize the complainant or could be harmful to the person charged. “These things are true, and they’re the reason why I’ve been fighting against the publication of names of accused persons prior to a trial and if and when they’re found guilty, but it’s not up to the police to start trying to decide whose name they’re going to publish and whose name they’re not,” he said. In a statement to CTV News Ottawa, the Ottawa Police Service said it balances a number of factors when deciding whether to release names, including mental health, the integrity of investigations or court proceedings, the impact on families, and personal safety. “The Ottawa Police Service strives to balance transparency with our duty to protect the privacy, safety, and legal rights of everyone involved. As such, we do not routinely release the names of individuals who have been charged,” police said. “Each case is assessed individually, and the decision to release or withhold a name is guided by a number of legal, ethical, and operational considerations.” Under the Community Safety and Policing Act, police services follow clear rules about when personal information can be shared. “While certain information may be publicly available through the courts, it is up to the police service to decide whether to proactively release that information — and whether doing so serves the public interest,” police say. “Our approach reflects a broader trend among police agencies in Ontario and across Canada, where the release of names is determined on a case-by-case basis.” Greenspon says the issue is especially important now as social media allows for a person’s identity to be spread widely. “It’s very much the primary concern,” he said. “In Canada, when a person is charged with something and their name comes out, they may as well be guilty because they begin to suffer the consequences of being charged as if they were guilty and that’s a real problem.”
