Criminal Code

Marginal note:Order restricting publication of evidence taken at preliminary inquiry

• 539 (1) Prior to the commencement of the taking of evidence at a preliminary inquiry, the justice holding the inquiry

  • (a) may, if application therefor is made by the prosecutor, and

  • (b) shall, if application therefor is made by any of the accused,

  make an order directing that the evidence taken at the inquiry shall not be published in any newspaper or broadcast before such time as, in respect of each of the accused,

  • (c) he is discharged, or

  • (d) if he is ordered to stand trial, the trial is ended.

• Marginal note:Accused to be informed of right to apply for order

  (2) Where an accused is not represented by counsel at a preliminary inquiry, the justice holding the inquiry shall, prior to the commencement of the taking of evidence at the inquiry, inform the accused of his right to make application under subsection (1).

• Marginal note:Failure to comply with order

  (3) Every one who fails to comply with an order made pursuant to subsection (1) is guilty of an offence punishable on summary conviction.

• Marginal note:Definition of “newspaper”

  (4) In this section, newspaper has the same meaning as in section 297.