What is the test for a discretionary publication ban?

Alberta, Canada


The following excerpt is from Re F.E.L. (Dependent Adult), 2008 ABQB 10 (CanLII):

In family situations generally, the existence of disputes within a family does not, by itself, give rise to a publication ban. A recent example of such a decision is Barrios v. Barrios 2007 CanLII 38938 (ON SC), [2007] O.J. No. 3587. That case is a good example of a court assessing whether openness constitutes a substantial risk to the family, a risk as might be envisaged under the case law concerning discretionary publication bans; with respect, that appears to me to be the correct approach in all situations where a discretionary publication ban is being considered.

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