Is there a general publication ban involving the activities of young people?

Alberta, Canada


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

We know that there is no general publication ban involving the activities of young people. Young people who are successful in sports or in the arts or in any other way have their stories told. Those young people can be identified, they can be celebrated. Some recent cases specifically state that there is no general category of publication bans with respect to infants: Burns Estate v. Falloon, [2007] O.J. No. 3541, (Ct.J.).

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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