Court of Queen ’ s Bench of Alberta Citation: R. v. Gerard, 2011 ABQB 70 Date: 20110215 Docket: 101570299U1 Registry: Edmonton Between: Her Majesty the Queen Crown - and - Taylor Gerard Accused Restriction on Publication: By Court Order, the evidence taken, the information given, the representations made and these reasons for decision may not be published, broadcast, or transmitted in any manner, until the accused is discharged after the preliminary hearing, or, if the accused is committed to stand trial, until the end of the trial. See the Criminal Code , s. 517.

Editorial notice: The restriction on publication ended December 9, 2012. _______________________________________________________ Endorsement of the Honourable Madam Justice J.B. Veit _______________________________________________________

[ 1 ] Pursuant to the provisions of s. 517 of the CCC, a publication ban is ordered with respect to these reasons. [ 2 ] I accept Mr. Gerard's contention that the bail judge erred in principle when he forbade Mr. Gerard from being in the presence of any child under the age of 16 without that child's parent being present. [ 3 ] The restriction could only have been imposed in relation to the second basis for justified pre-trial detention. However, Parliament requires that any such restriction be " necessary for the protection or safety of the public".

Here, the 18 year old student accused has no criminal record, there is an existing prohibition against the accused having any contact with the complainant, and, during the 8 months between the events in question and the laying of the charge, the accused was at liberty without restriction relating to children under 16 and without raising any issue about his behaviour with children under the age of 16. In those circumstances, the restriction does not meet the test of necessity. Heard on the 7 th day of February, 2011. Dated at the City of Edmonton, Alberta this 14 th day of February, 2011. “ J.B. Veit ” J.B.

Veit J.C.Q.B.A. Appearances: Terry Hofmann, Alberta Justice for the Crown Brian A. Beresh, Q.C. for the Accused