A History of Canadian Sexual Assault Legislation
1900-2000

Links

Exclusion of the Public in Certain Cases

Criminal Code, S.C. 1953-54, c. 51, s. 428.

[Exclusion of public in certain cases.]
428. The trial of an accused that is a corporation or who is or appears to be sixteen years of age or more shall be held in open court, but where the court, judge, justice or magistrate, as the case may be, is of opinion that it is in the interest of public morals, the maintenance of order or the proper administration of justice to exclude all or any members of the public from the court room, he may so order.

Criminal Code, R.S.C. 1970, c. C-34, s. 442.

[Exclusion of public in certain cases]
442. The trial of an accused that is a corporation or who is or appears to be sixteen years of age or more shall be held in open court, but where the court, judge, justice or magistrate, as the case may be, is of opinion that it is in the interest of public morals, the maintenance of order or the proper administration of justice to exclude all or any members of the public from the court room, he may so order. 1953-54, c. 51, s. 428.

Criminal Law Amendment Act, 1975, S.C. 1974-75-76, c. 93, s. 44.

[Exclusion of public in certain cases]
442. (1) Any proceedings against an accused that is a corporation or who is or appears to be sixteen years of age or more shall be held in open court, but where the presiding judge, magistrate or justice, as the case may be, is of the opinion that it is in the interest of public morals, the maintenance of order or the proper administration of justice to exclude all or any members of the public from the court room for all or part of the proceedings, he may so order.
    [Reasons to be stated]
    (2) Where an accused is charged with an offence mentioned in subsection 142(1) and the prosecutor or the accused makes an application for an order under subsection (1) of this section, the presiding judge, magistrate or justice, as the case may be, shall, if no such order is made, state, by reference to the circumstances of the case, the reason for not making an order.
    [Order restricting publication of identity]
    (3) Where an accused is charged with an offence mentioned in subsection 142(1), the presiding judge, magistrate or justice shall, if application therefor is made by the prosecutor, make an order directing that the identity of the complainant and her evidence taken in the proceedings shall not be published in any newspaper or broadcast.
    [Failure to comply with order]
    (4) Every one who fails to comply with an order made pursuant to subsection (3) is guilty of an offence punishable on summary conviction.
    ["Newspaper" defined]
    (5) In this section, "newspaper" has the same meaning as it has in section 261.

An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 25.

[Exclusion of public in certain cases]
442. (1) Any proceedings against an accused that is a corporation or who is or appears to be sixteen years of age or more shall be held in open court, but where the presiding judge, magistrate or justice, as the case may be, is of the opinion that it is in the interest of public morals, the maintenance of order or the proper administration of justice to exclude all or any members of the public from the court room for all or part of the proceedings, he may so order.
    [Reasons to be stated]
    (2) Where an accused is charged with an offence mentioned in section 246.4 and the prosecutor or the accused makes an application for an order under subsection (1), the presiding judge, magistrate or justice, as the case may be, shall, if no such order is made, state, by reference to the circumstances of the cases, the reason for not making an order.
    [Order restricting publication]
    (3) Where an accused is charged with an offence mentioned in section 246.4, the presiding judge, magistrate or justice may, or if application is made by the complainant or prosecutor, shall, make an order directing that the identity of the complainant and any information that could disclose the identity of the complainant shall not be published in any newspaper or broadcast.
    [Right of complainant]
    (3.1) The presiding judge, magistrate or justice shall, at the first reasonable opportunity, inform the complainant of the right to make an application for an order under subsection (3).
    [Failure to comply with order]
    (4) Every one who fails to comply with an order made pursuant to subsection (3) is guilty of an offence punishable on summary conviction.
    ["Newspaper" defined]
    (5) In this section, "newspaper" has the same meaning as it has in section 261.

Criminal Code, R.S.C. 1985, c. C-46, s. 486.

[Exclusion of public in certain cases]
486. (1) Any proceedings against an accused shall be held in open court, but where the presiding judge, magistrate or justice, as the case may be, is of the opinion that it is in the interest of public morals, the maintenance of order or the proper administration of justice to exclude all or any members of the public from the court room for all or part of the proceedings, he may so order.
    [Reasons to be stated]
    (2) Where an accused is charged with an offence mentioned in section 274 and the prosecutor or the accused makes an application for an order under subsection (1), the presiding judge, magistrate or justice, as the case may be, shall, if no such order is made, state, by reference to the circumstances of the case, the reason for not making an order.
    [Order restricting publication]
    (3) Where an accused is charged with an offence mentioned in section 274, the presiding judge, magistrate or justice may, or if application is made by the complainant or prosecutor, shall, make an order directing that the identity of the complainant and any information that could disclose the identity of the complainant shall not be published in any newspaper or broadcast.
    [Right of complainant]
    (4) The presiding judge, magistrate or justice shall, at the first reasonable opportunity, inform the complainant of the right to make an application for an order under subsection (3).
    [Failure to comply with order]
    (5) Every one who fails to comply with an order made pursuant to subsection (3) is guilty of an offence punishable on summary conviction.
    [Definition of "newspaper"]
    (6) In this section, "newspaper" has the same meaning as in section 297. R.S., c. C-34, s. 442; 1974-75-76, c. 93, s. 44; 1980-81-82-83, c. 110, s. 74, c. 125, s. 25.

An Act to amend the Criminal Code and the Canada Evidence Act, R.S.C. 1985 (3d Supp.), c. 19, s. 14.

[Exclusion of public in certain cases]
486. (1) Any proceedings against an accused shall be held in open court, but where the presiding judge, magistrate or justice, as the case may be, is of the opinion that it is in the interest of public morals, the maintenance of order or the proper administration of justice to exclude all or any members of the public from the court room for all or part of the proceedings, he may so order.
    [Reasons to be stated]
    (2) Where an accused is charged with an offence mentioned in section 274 and the prosecutor or the accused makes an application for an order under subsection (1), the presiding judge, magistrate or justice, as the case may be, shall, if no such order is made, state, by reference to the circumstances of the case, the reason for not making an order.
    [Testimony outside court room]
    (2.1) Notwithstanding section 650, where an accused is charged with an offence under section 151, 152, 153, 155 or 159, subsection 160(2) or (3), or section 170, 171, 172, 173, 271, 272 or 273 and the complainant is, at the time of the trial or preliminary inquiry, under the age of eighteen years, the presiding judge or justice, as the case may be, may order that the complainant testify outside the court room or behind a screen or other device that would allow the complainant not to see the accused, if the judge or justice is of the opinion that the exclusion is necessary to obtain a full and candid account of the acts complained of from the complainant.
    [Condition of exclusion]
    (2.2) A complainant shall not testify outside the court room pursuant to subsection (2.1) unless arrangements are made for the accused, the judge or justice and the jury to watch the testimony of the complainant by means of closed-circuit television or otherwise and the accused is permitted to communicate with counsel while watching the testimony.
    [Order restricting publication]
    (3) Where an accused is charged with an offence under section 151, 152, 153, 155 or 159, subsection 160(2) or (3), or section 170, 171, 172, 173, 271, 272 or 273, the presiding judge or justice may, on his or her own motion, or shall, on application made by the complainant, by the prosecutor or by a witness under the age of eighteen years, make an order directing that the identity of the complainant or the witness and any information that could disclose the identity of the complainant or witness shall not be published in any document or broadcast in any way.
    [Rights]
    (4) The presiding judge or justice shall, at the first reasonable opportunity, inform every witness under the age of eighteen years and the complainant of the right to make an application for an order under subsection (3).
    [Failure to comply with order]
    (5) Every one who fails to comply with an order made pursuant to subsection (3) is guilty of an offence punishable on summary conviction.
    [Definition of "newspaper"]
    (6) [Repealed.]

Note: subsections 486(2.1) and (2.2) were added by An Act to amend the Criminal Code and the Canada Evidence Act, R.S.C. 1985 (3d Supp.), c. 19, s. 14(1). Subsections 486(3) and (4) were amended by the same statute. Subsection 486(6) was repealed by An Act to amend the Criminal Code and the Canada Evidence Act, R.S.C. 1985 (3d Supp.), c. 19, s. 14(2).

Back to Top