[su_quote cite=”Privacy Lawyer David Fraser”]The publication ban, in this case, makes no sense and is chilling the discussion of a very important subject. Some have decided to ignore the ban and the Halifax Police today decided they would not pursue charges against a number of who have dared to mention the victim’s name, but made it clear that they would investigate any further possible violations on a case-by-case basis. This is counter-productive. As the judge clearly stated in his decision, all of this can be solved by the Nova Scotia Director of Public Prosecutions issuing a statement that it would not be in the public interest to pursue charges in this case.

55. It is not for the court to purport to direct or even to advise or provide recommendations to the Director of Public Prosecutions. I will note however that it would be within the authority of the DPP to issue a direction to prosecutors in a specific case or in a certain classes of cases that it would not be in the public interest to prosecute. It would be within the authority of the Attorney General to issue a public direction to the DPP to that same effect.

The existence of the ban and police/prosecution discretion is having a chilling effect on discussion of this important issue. In my view, it is in the public interest that people be able to tell the whole story of the victim in this case.[/su_quote]

You can read more of Nova Scotia lawyer David Fraser’s blog here: “The publication ban that makes no sense.

Our requests to have some action from the Nova Scotia Public Prosecution Service and the Attorney General have obviously been ignored. I do believe Rehtaeh’s case presents the perfect opportunity for this province to lead the country in addressing the many barriers sexual assault victims have in reporting and seeking some kind of justice for the crimes committed against them.

The publication ban serves no one and only adds suspicion to a system many victims already feel they cannot trust. Allowing a pointless ban to remain while a review takes place of the very system that can lift it but won’t is indefensible.

It would serve justice in Rehtaeh’s case to issue a direction to prosecutors that it would not be in the public interest to prosecute violations. It is also within the authority of the Attorney General to issue a public direction to the DPP.

So, if you agree, please contact the Director of Public Prosecutions and share your opinion:

Public Prosecution Service (Head Office)
Suite 1225, Maritime Centre
1505 Barrington Street
Halifax, Nova Scotia, B3J 3K5
Tel: (902) 424-8734
Fax: (902) 424-4484
Email Attorney General Lena Diab: JUSTMIN@novascotia.ca

Official tweets from Nova Scotia’s Department of Justice: @NS_Justice