Thank you for the question.
In the current subsection 486.4(1), the language specifies “victims” and “witnesses” in the stated law. It appears to us that the amendment proposes to replace the reference to “witness” generally with “witness under the age of 18”. That appears to be done to mirror subsequent subsections of section 486.4.
The implication of that, from our perspective, would be that it would have the effect of excluding the ability of a court to make a publication ban under section 486.4 for adult witnesses. The general starting point is that all witnesses and victims of sexual assault—primarily sexual assault—fall within the scope of this provision. There are mandatory rules for child victims, adult victims and child witnesses.
Therefore, if you limit it to witnesses under the age of 18, as is proposed, adult witnesses would have to rely upon section 486.5 of the Criminal Code.