Hearing on publication ban of man facing sex assault charges delayed 2 weeks
Case is set to return to Iqaluit court on May 28
A publication ban on the identity of a man accused of sexual assault in Nunavut will remain in place for now. (File photo)
A court-ordered publication ban on the identity of a man accused of sexual assault remains in place for at least another two weeks while complainants work on retaining lawyers.
“I do want to emphasize that every day that order continues without adjudication is another day of impairment of the open court principle,” said Alyssa Holland, a lawyer for the Canadian Broadcasting Corp. who appeared virtually to request the ban be lifted.
Justice of the Peace Amanda Soper placed the publication ban on the man’s identity on April 11 after an oral request from the man’s lawyer. The ban prevents Nunatsiaq News and other news media from identifying him.
The man faces charges under the Youth Criminal Justice Act, which automatically prohibits media from publishing his name or identifying details. He also faces charges as an adult.
Soper placed a discretionary ban on identifying him with respect to all the charges he faces. But Crown lawyer Stephanie Boydell called that “illegal” during a hearing last Friday. Both Boydell and Holland argued that Justice Christian Lyons, who presided over Thursday’s hearing, should strike down the ban that prevents the accused from being identified on charges he faces as an adult.
Lyons adjourned last week’s proceedings to Thursday after a request by the man’s lawyer, Alan Regel, who asked for more time to finalize his argument. He said he plans to present evidence to support his position to keep the publication ban on the accused’s name in place.
On Thursday, the proceedings were adjourned again, this time after a request by Crown prosecutor Carleen Ready. The adjournment would give all the complainants time to get their own lawyers, she said.
Previously, some complainants indicated they would 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.
Lyons allowed the two-week adjournment.
He said he shared Holland’s concern about delaying the matter further, but said the extra two weeks wouldn’t be “sufficiently prejudicial” to the openness of the court.
The next hearing is scheduled for May 28.
Where is our MP? I’d love to hear her advocate on behalf of the victims here. She’s got a large soapbox and should be emboldened with her recent elevation to the governing party.
I want her to show some leadership – few if any could do so as effectively as our MP.