R v. KBR, 2016 ABQB 626

Court of Queen’s Bench of Alberta Citation: R v. KBR, 2016 ABQB 626 Date: 20161108 Docket: 150025609Q1 Registry: Edmonton Between: Her Majesty the Queen - and - KBR Accused _______________________________________________________ Supplementary Reasons for Judgment of the Honourable Mr. Justice B. R. Burrows _______________________________________________________ [ 1 ] I handed down written Reasons for Judgment in this matter in Court on October 25, 2016.

They have been published: 2016 ABQB 601 . [ 2 ] Prior to issuing my Reasons, I stated on the record that I had, on my own initiative, anonymized the Accused in the written Reasons for Judgment. I said: In the judgment I have anonymized the Accused. I’ve done that because . . . on my own motion without anybody suggesting that I should . . . on the basis that the nature of the allegations . . . because of the nature of the allegations . . . I think the recent news of vigilante reactions to such allegations.

So I have used initials for the Accused’s name. [ 3 ] My office has received an inquiry from a member of the media as to why I anonymized the name of the Accused, and as to whether or not I imposed a publication ban on the name of the Accused, and if so, why no notice was given to the media prior to imposing a publication ban. [ 4 ] I issue these supplementary reasons as a means of answering those questions. [ 5 ] My reason for anonymizing the name of the Accused was announced on the record in Court as indicated above.

I assume, because a member of media has asked the questions indicated, that they have not accessed the record where my reason was stated.

[ 6 ] Reference to the record would also show that the term “publication ban” was not mentioned in this context. Whether or not what I did amounts in law to a publication ban, is a legal question upon which it would not be appropriate for me to offer a view at this time [ 7 ] As to notice, in my view the circumstances in which notice is to be given to the media did not exist whether or not what I did amounts to a publication ban. Court of Queen’s Bench of Alberta Criminal Practice Note “4”, s. 2 provides: . . .

This practice note is not intended to restrict the Court’s inherent jurisdiction to issue a publication ban of its own motion. . . . Heard on the 3 rd 4 th , and 5 th days of October, 2016. Dated at the City of Edmonton, Alberta this 7 th day of November, 2016. B. R. Burrows J.C.Q.B.A. Appearances: Keith Nicholls for the Crown Dino Bottos for the Accused