Lawyers say ban on naming man
in sex assault case ‘illegal’

A court-ordered ban on naming a man accused of sexual assault is an infringement on the free press, lawyers argued in court Friday.

“This is a very serious issue,” said Alyssa Holland, a lawyer for the Canadian Broadcasting Corp., who appeared virtually to request the ban be struck down.

The man is facing historical criminal allegations but the Youth Criminal Justice Act prohibits media from publishing his name or any identifying details. He also faces charges as an adult.

Alan Regel, the man’s lawyer, argued the ban should apply to the adult charges as well.

Justice of the Peace Amanda Soper placed the publication ban on naming the man on all charges after hearing an oral request April 11 from the man’s lawyer. That ban prevents Nunatsiaq News from publishing the man’s name.

“From the Crown’s perspective, that order is illegal,” said Crown lawyer Stephanie Boydell.

Boydell argued that Justice Christian Lyons, who presided over Friday’s hearing, should strike down the ban that prevents the accused from being identified on the adult charges.

Holland agreed, arguing the court didn’t follow its own policies in imposing the youth publication ban on the adult charges.

She said an application for such a ban has to be made in writing, be supported by an affidavit, with media outlets notified, and decided on by a judge.

“None of the steps were taken in this case,” she said.

Regel argued the ban should be applied to all charges his client faces — both as an adult and as a youth — because identifying him as the defendant on the adult charges could “violate” the man’s right to anonymity relating to the crimes he allegedly committed before the age of 18.

Meanwhile, some of the complainants in the case have decided they want to lift publication bans on their identities.

The court protects the identities of alleged victims and witnesses in sex-related cases, but they can request to remove that ban. At least one person wants the ban removed, Boydell said.

Victoria Perrie, a lawyer representing Amautiit Nunavut Inuit Women’s Association, said she has been in contact with all of the complainants and is in the “final steps” in ascertaining their wishes about whether they want to be identified.

Regel requested time to finalize his argument, saying he plans to present evidence to support his position to keep the publication ban on the accused’s name.

Despite agreeing that the publication ban on the adult charges was made “without jurisdiction,” Lyons granted Regel’s request and agreed to hear his argument.

The next hearing is scheduled for May 7.