Publication ban on information about a crime victim

As the victim of a crime, you are entitled to request a publication ban to protect your identity.

The publication ban is an order made by a judge. It remains in effect for ever, except if you apply to have it lifted.

The publication ban also applies to you.

The publication ban prevents any person, including you, from disseminating or publishing your name and any information that can be used to identify you, such as

• the place where you live, if it is a place where people are more likely to know each other, like a village;
• the places where you spend time;
• your job;
• your recreational activities (such as sports or cultural activities);
• the place (street, location etc.) where the crime was committed;
• a family connection with the perpetrator of the crime, if any, etc.

The ban applies to:

• media representatives (journalists, researchers, radio show hosts, etc.);
• witnesses;
• the accused;
• the accused’s lawyer;
• the population in general.

You must also comply with the ban yourself.  A victim is not entitled to make his or her identity known in the media if a publication ban is in effect.

The ban does not apply to a private communication of information. For example, even if a publication ban is in effect, you can provide information to:

• a legal professional;
• a healthcare professional;
• a person with whom you have a relationship of trust.

The judge will automatically impose a publication ban in these situations:

• you are aged under 18 and you are the victim of a crime committed by a youth offender aged between 12 and 17;
• you feature in a document (a photograph, written material or video recording, for example) that constitutes child pornography.

In all other situations, to order a publication ban in your case, you can either:

• ask the judge to make an order; or
• ask the criminal and penal prosecuting attorney (the prosecutor) to ask the judge to make the order on your behalf.

The judge will promptly inform you of your right to request a publication ban. Upon request, he will impose the ban if:

• You are a victim of sexual violence;
• You are aged under 18.

In all other situations, the judge may, but is not required to, order a publication ban if he or she believes it is in the interest of the proper administration of justice.

Are you in the courtroom when the prosecutor asks the judge for a publication ban? The judge will consider whether you agree with this request.

Are you not in the courtroom? The judge will ask the prosecutor if you were consulted before the request was made.

After ordering a ban, the judge must promptly inform you that:

• the ban is in effect;
• you have the right to end or modify the ban.

The prosecutor, in turn, must inform the judge that he has given you the following information:

• A publication ban protects your identity.
• You have the right to end or modify the ban.

If you are aged 18 or over and are the victim of a crime of a non-sexual nature, the judge will consider various factors before ordering a publication ban, including:

• whether there is a real and substantial risk that you would suffer harm if your identity were disclosed;
• whether you need the order for your security or to protect you from intimidation or retaliation;
• the right to a fair and public hearing;
• society’s interest in encouraging the reporting of offences and the participation of victims in the criminal justice process;
• whether effective alternatives are available to protect your identity;
• the salutary and deleterious effects of the proposed order;
• the impact of the proposed order on the freedom of expression of those affected by it;
• any other factor that the judge considers relevant.

The judge can add conditions to a publication ban, for example by ordering that your name cannot appear in an online database of court decisions.

A publication ban prevents the publication and dissemination of any information that can be used to identify you, whatever the method used to communicate the information.

This includes

• social media: Facebook, Snapchat, TikTok, Instagram, YouTube, etc.;
• news or media sites and apps;
• newspapers, magazines, and TV and radio broadcasts;
• posters, newsgroups, publications (books) or other written documents.

A person who fails to comply with a publication ban is breaking the law.

The person can receive a fine of up to $5,000 and/or a prison sentence of up to two years less a day.

You want to publish or disseminate information that allows you to be identified as the victim in court proceedings in the past, present or future?

You must ask a judge to lift the ban, either directly or via the prosecutor dealing with your case, at a sitting in a courthouse. The prosecutor will present your request to the judge promptly.

The judge must modify or end the ban without a hearing, unless the judge believes that the privacy of another person protected by a ban publication may be invaded.

In this case, the judge will hold a hearing to determine whether or not he or she can modify or lift the publication ban and protect that person's right to privacy.

A publication ban cannot be lifted without your consent.

Youth Division proceedings

If the accused was under the age of 18 at the time the crime was committed, and you are aged under 18, you must obtain the consent of one of your parents in order to have a publication ban lifted.

You must ask a judge sitting in the Youth Division (in French only) to lift the ban, either directly or via the prosecutor dealing with your case.

The judge will only lift the publication ban if it is in your interest or the interest of the public.