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Criminal Code

Version of section 486.6 from 2023-10-26 to 2024-04-16:


Marginal note:Offence

  •  (1) Every person who fails to comply with an order made under any of subsections 486.4(1) to (3) or subsection 486.5(1) or (2) is guilty of an offence punishable on summary conviction.

  • Marginal note:Prosecution — limitation

    (1.1) A prosecutor shall not commence or continue a prosecution against a person who is the subject of the order unless, in the opinion of the prosecutor,

    • (a) the person knowingly failed to comply with the order;

    • (b) the privacy interests of another person who is the subject of any order prohibiting the publication in any document or the broadcasting or transmission in any way of information that could identify that person have been compromised; and

    • (c) a warning to the individual is not appropriate.

  • Marginal note:Application of order

    (2) For greater certainty, an order referred to in subsection (1) applies to prohibit, in relation to proceedings taken against any person who fails to comply with the order, the publication in any document or the broadcasting or transmission in any way of information that could identify a victim, witness or justice system participant whose identity is protected by the order.

  • 2005, c. 32, s. 15
  • 2019, c. 13, s. 151
  • 2023, c. 28, s. 5

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