'Prominent' N.L. lawyer facing sex charges can't shield name from publication, judge rules
CBC
A Newfoundland and Labrador Supreme Court judge has ruled against a lawyer who wanted his identity shielded from public disclosure because ongoing charges of sexual assault against him could hurt his reputation.
But the lawyer is arguing that the publication ban on his identity be maintained while he attempts to take the case to the Supreme Court of Canada.
It's not immediately clear whether or not that request will be granted.
Justice James Adams issued his decision on the main case Wednesday.
"The applicant relied on the assertion that he is a prominent lawyer in Newfoundland and Labrador," Adams wrote.
"To grant the publication ban on this basis on the facts of this case would put lawyers in a special category of accused persons which would seriously undermine the public's confidence in the administration of justice."
The man is facing charges of sexual assault and sexual touching of a female, who was 12 at the time of the earliest alleged offences.
Three charges were laid last May. Two more charges were filed in December.
Last year, he won an interim publication ban on his name in relation to those criminal proceedings.
CBC News and CTV News went to court, arguing that the ban would interfere with the open-court principle, and freedom of the press.
The judge sided with the media outlets and the Crown, which also opposed the application.
"Justice done in secrecy is contrary to the tenets of a democratic society," Adams wrote in his decision.
The judge noted that the lawyer was asking the court "to make a significant change in the law."
The lawyer had argued that revealing his identity would deprive him of the presumption of innocence, negatively affect his reputation, and undermine his dignity.
This First Person column is the experience of Shannon Flaman, who lives in Red Deer, Alta. For more information about CBC's First Person stories, please see the FAQ.
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