Marginal note:Decision not to publish
(2) The court may decide not to publish the agreement or any order, decision or reasons referred to in subsection (1), in whole or in part, if it is satisfied that the non-publication is necessary for the proper administration of justice.
Marginal note:Factors to be considered
(3) To decide whether the proper administration of justice requires making the decision referred to in subsection (2), the court must consider
(a) society’s interest in encouraging the reporting of offences and the participation of victims in the criminal justice process;
(b) whether it is necessary to protect the identity of any victims, any person not engaged in the wrongdoing and any person who brought the wrongdoing to the attention of investigative authorities;
(c) the prevention of any adverse effect to any ongoing investigation or prosecution;
(d) whether effective alternatives to the decision referred to in subsection (2) are available in the circumstances;
(e) the salutary and deleterious effects of making the decision referred to in subsection (2); and
(f) any other factor that the court considers relevant.
(4) The court may make its decision subject to any conditions that it considers appropriate.
- 2018, c. 12, s. 404
- Date modified: