Publication Bans

Under the Youth Criminal Justice Act (YCJA), publication bans protect the privacy of all youth aged 12 to 17 who come in contact with the criminal justice system. They help keep the identity and other personal information of youth confidential.

What is a publication ban?

A publication ban prevents anyone from publishing, broadcasting, or sharing publicly any information that could identify someone who comes in contact with the criminal justice system.

What is the purpose of publication bans?

Under the YCJA, mandatory and automatic publication bans protect youth who come in contact with the criminal justice system from the harmful effects of publication. Being publicly identified as involved in the criminal justice system can significantly impact a youth’s ability to rehabilitate and reintegrate back into society as a positive member. It can also help promote public safety in the long-term.

What is banned?

It is against the law to publish the name or any detail that could identify a youth suspected of, charged with, or found guilty of a criminal offence. It is also against the law to publish information that could identify young victims or witnesses of alleged offences or offences involving youth.

The publication of the identity or other personal information of a youth, young victim or witness without legal permission is a criminal offence punishable by either summary conviction or up to 2 years imprisonment on indictment.

What are the exceptions?

There are exceptions to the publication ban, including:

• the youth is found guilty of a crime and given an adult sentence under the Criminal Code
• the publication is made for administration of justice purposes and not to make the information known publicly, for example a youth’s name appears in a court document used by court administrators
• a youth is “at large” by avoiding arrest, detention, or is not in custody when they are supposed to be
  • a court may allow publishing identifying information about a youth for up to 5 days, if the court believes the youth is a danger to others and publication is necessary to apprehend them
• a youth turned 18 years old and they publish or agree to have their information published
  •  this exception only applies if the youth is not in custody at the time of publication
• a court allows the publication of information at the request of a youth, if it determines that doing so would not negatively affect the youth’s best interests or the public interest

There are also exceptions to publication bans for young victims or witnesses:

• information can be published by a young victim or witness after they turn 18 years old, or before that age with the consent of their parents
• parents of a deceased young victim or witness may publish or agree to the publication of their child’s identity
• a court allows a young victim or witness under 18 years old to publish information that identifies them as being a victim or witness, if it determines that publishing this information would not be against their best interests or the public interest

Are there publication bans under the Criminal Code?

There are publication bans that can be ordered by a court under the Criminal Code that could apply in a youth’s case. Learn more here: Publication Bans