At the recent meeting of Federal-Provincial-Territorial Ministers Responsible for Justice in Fredericton, New Brunswick, on February 27-28, 1997, the Hon. Mitchell Murphy, Minister, Community Affairs and Attorney General, proposed a change to further protect victims of crime.
More specifically, Mr. Murphy proposed and received support for an extension of the publication ban to include more offences where victims would benefit from having their privacy protected.
Currently, a Court may impose a publication ban in certain serious offences, particularly sexual assault, as specified in the Criminal Code under Section 486(3), so as to protect the identify of the victim, frequently women and/or their children.
Based on concerns expressed by victims, further discussion by the Victim Services Advisory Committee and, in turn, advice to the Attorney General, Mr. Murphy proposed to his colleagues at the Ministers' meeting that the publication ban be extended. For example, the ban could be extended in the case of offences including uttering threats, harassment, common assault - where the victim may incur further trauma as a result of being identified publicly.
Several factors would have to be considered in achieving a balance between privacy of victims, rights of the accused and the public interest. These could include the nature of the offence, the age of the victim, the relationship between the victim and offender, as well as the risk of reprisal against the victim.
Mr. Murphy is pleased that this matter will be included in a further examination of issues by Federal-Provincial-Territorial officials arising out of the Ministers' discussion in the context of violence in relationships, particularly as it relates to women. In turn, the Attorney General appreciates the efforts of the Victim Services Advisory Committee in identifying such issues and expresses pleasure at being able to raise the matter and obtain interest and support at the national level.
For more information, contact: Ellie Reddin, Coordinator, Victim Services at (902) 368-4584.