RESTRICTION ON PUBLICATION OF REPORTS OF JUDICIAL PROCEEDINGS

166. (1) A proprietor, an editor, a master printer or a publisher commits an offence who prints or publishes

(a) in relation to any judicial proceedings, any indecent matter or indecent medical, surgical or physiological details, being matter or details that, if published, are calculated to injure public morals;

(b) in relation to any judicial proceedings for dissolution of marriage, nullity of marriage, judicial separation or restitution of conjugal rights, any particulars other than

(i) the names, addresses and occupations of the parties and witnesses,

(ii) a concise statement of the charges, defences and counter-charges in support of which evidence has been given,

(iii) submissions on a point of law arising in the course of the proceedings, and the decision of the court in connection therewith, and

(iv) the summing up of the judge, the finding of the jury, the judgement of the court and the observations that are made by the judge in giving the judgement.

(2) Nothing in paragraph (1)(b) affects the operation of paragraph (1)(a).

(3) No proceedings for an offence under this section shall be commenced without the consent of the Attorney General.

(4) This section does not apply to a person who

(a) prints or publishes any matter for use in connection with any judicial proceedings or communicates it to persons who are concerned in the proceedings;

(b) prints or publishes a notice or report pursuant to the directions of a court; or

(c) prints or publishes any matter

(i) in a volume or part of a genuine series of law reports that does not form part of any other publication and consists solely of reports of proceedings in courts of law, or

(ii) in a publication of a technical character that is bona fide intended for circulation among members of the legal or medical professions. [R.S., c.C-34, s.162.]