Vancouver Sun (Re)
Vancouver Sun (Re)
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Vancouver Sun (Re)

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Vancouver Sun (Re)

Re Vancouver Sun is a leading Supreme Court of Canada case regarding the open court principle, freedom of the press and publication bans. The open court principle is the "right of public access to the courts".

Section 83.28 of the Criminal Code operates with respect to investigations of terrorism offences. The section allows police to apply for a court order to compel a potential witness to:

The questioning of the witness occurs before a judge.

Section 83.28 also allows for the exclusion of the public and media from the hearing.

In 1985, two acts of terrorism caused the deaths of two baggage handlers in Japan and the 329 passengers and crew of Air India Flight 182. The Air India bombing was the largest mass murder in Canadian history.

In 2004, two accused were on trial for conspiracy to murder and other offences relating to those events.

As part of the investigation, the Crown obtained a court order requiring a potential Crown witness, a "Named Person", to attend a judicial investigative hearing for examination. The order was made pursuant to section 83.28 of the Criminal Code.

The investigative hearing was to be held in camera, meaning that the hearing would not be open to the public or press.

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