View source for Public and Media Restrictions

[[Fr:Restrictions_relatives_au_public_et_aux_médias]]
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==Common Law Publication Ban==
A common law publication ban is available under the ''Dagenais/Mentuck'' framework.<REf>
{{CanLIIRxC|United Kingdom of Great Britain and Northern Ireland (Attorney General) v. LA|jbm94|2020 NSCA 75 (CanLII)}}{{perNSCA|Wood CJ}}{{atL|jbm94|21}}
</ref>
The applicant must establish that:
# The order must be necessary to prevent a serious risk to the proper administration of justice because reasonable alternative measures will not prevent the risk; and
# The salutary effects of the order must outweigh the deleterious effects on the rights and interests of the parties and the public, including the right to free expression, the right of the accused to a fair and public trial and the efficacy of the administration of justice.

The application of common law publication bans will depend on the circumstances.<REf>
{{ibid1|UK v LA}}{{atL|jbm94|20}}
</ref>

One type of common law publication ban includes a "Confidentiality Order."<Ref>
{{ibid1|UK v LA}}{{atL|jbm94|26}}
</ref>

; "Holdback" Information
A common law publication ban is not likely appropriate to be used to protect "holdback' information in many circumstances.<ref>
{{ibid1|UK v LA}}{{atsL|jbm94|35| to 46}}
</ref>

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==Topics==
* [[Open Court Principle]]
* [[Statutory Publication Ban on Identity Information]]
* [[Statutory Publication Ban on Evidence]]
* [[Access to Court-Filed Exhibits]]
* [[Publication Bans Relating to Youth Prosecutions]]
* [[Excluding People From Court]]
* [[Review Board Publication Bans]]
* [[Breach of Publication and Access Bans (Offence)]]