Thank you, Madam Chair.
I have a problem with PV‑8 for three reasons.
First, proposed subsection 486.41(4) is overly restrictive. It says “the court shall consider” the factors listed. The court already considers a certain number of factors when issuing a publication ban. I think the same factors should be considered when the ban is being varied or revoked. With all due respect, limiting the factors that the court can consider paves the way for decisions that make no sense.
The second problem with PV‑8 has to do with proposed subsection 486.41(5), which reads as follows: “The applicant is not required to provide notice of the application to vary or revoke the order to the accused.” How, then, will the court go about holding the accused responsible for violating the order or the varied order? The accused shouldn't have a say in whether an order is necessary or not, but the accused should be notified of publication bans, so that they can be held responsible for violating a ban where applicable.
Third and finally, PV‑8 would replace a number of provisions in Bill S‑12, including limitation provisions, those stipulating when a publication ban would not apply. Those provisions, which appear under the headings “Limitation” and “Limitation — victim or witness”, are needed, however.
With all due respect to Ms. May, I honestly think PV‑8 would be much more detrimental than it would help victims.