Nunavut judge reserves decision on CBC request to overturn publication ban

Justice Earl Johnson, after a hearing at the Nunavut Court of Justice May 10, reserved judgment on whether to overturn a publication ban on the name of an Iqaluit teacher who faces three charges of sexual interference teacher at the Nunavut Court of Justice May 10.

This past April 12 Justice Andrew Mahar granted a request from the Crown to impose a publication ban that prevents news organizations from reporting the identity of the Iqaluit teacher, who appeared in court that day.

On May 6, a lawyer representing the CBC submitted a notice of motion to overturn the publication ban.

However, Crown lawyer John Solski said the crown is prepared to consent to the request, with the position that the ban is moot.

“The ban is moot… It [the teacher’s name] has already been published,” Solski said.

But Solski said he does have some arguments over the “form of the order, as opposed to the order itself.”

Counsel may not have been aware that the teacher’s name was published, he said.

The accused teacher’s identity, as well the school he works for, were circulated in recent CBC radio reports, online news stories and the Nunatsiaq News April 12 print edition, printed two days before the ban came into effect.

Solski said he had an old adage stuck in his head: “you can’t unscramble an egg.”

Lawyer Alison Crowe represented CBC in court May 10.

Although the accused wouldn’t want his name printed, journalists, as well as members of the RCMP, have a role to fulfill, she said.

“There needs to be a protocol in place for the press to fulfill its duty,” Crowe said.

The court does it’s part by opening its doors, but “we know realistically that most people get their information from the news media,” she said.

In her submission, Crowe said that journalists had status but did not have real status.

“They also have to standing to be heard, otherwise, your honour, we will be back for the next case,” she said.

Crowe said that people should be made aware of the Crown’s plans for a publication ban before it comes into effect.

However, it’s the job of the media and media counsel to decide what to do under a publication ban, and that can be a “nebulous area,” Solski said.

Under the circumstances, the issue was what constitutes a first appearance, and the ambiguity of a first appearance, Justice Earl Johnson said.

“The first appearance was in fact the JP [Justice of the Peace] going to the cells,” he said.

“That allowed the press to say ‘well that was the first appearance,’” Johnson said.

“That’s what you get when you get ambiguity,” he added.

Solski said it was not a wise idea to put the charges in front of a JP.

“This court has always been very open,” Johnson said.

Formal judgments are distributed to the press and the court is very careful about family matters, and protecting sexual assault victims, he said.

Earlier this month, lawyers for the teacher entered a plea of not guilty on the teacher’s behalf.

The man has another court appearance scheduled for June 3.