On July 22, the publication ban legislation was changed to allow information to be shared publicly about the death of a child who was in care or receiving services from Human Services. This will empower those who are closest to these children to tell their stories about the children.
The provisions in the Child, Youth and Family Enhancement Act do not allow Human Services to comment on the specifics of the case, including any identifying details.
If those closest to the child do not wish to have the name and picture of a deceased child published, how can they go about it?
They would go before a judge of Queen’s Bench to ask for a publication ban.
What documentation/forms would they be required to provide?
They would provide the application for a publication ban and an affidavit that outlines the reason(s) the publication ban is being requested.
Who needs to be notified of the request for a publication ban?
Unless the judge decides to dispense with the need for notification, everyone who would be directly affected by a publication ban must be notified.
Can a request for a publication ban be sought without the use of a lawyer?
This process is complex and a lawyer’s advice is recommended.