Judge strikes down publishing ban on Iqaluit teacher's name
Mark Caine faces 3 charges of sexual interference
A Nunavut judge has struck down a publication ban on the name of an Iqaluit teacher charged with sexual offences against minors.
Mark Caine, who teaches at Aqsarniit Middle School, was charged on March 27 with three counts of sexual interference.
On April 12, a Nunavut judge broadened a publication ban on the identity of the complainants to also cover the name of the accused teacher without giving media a chance to speak against the move.
CBC challenged the publication ban on Caine’s identity, arguing the law requires media to be notified of such hearings in order that they can argue their case.
In court, the Crown did not object to retracting the publication ban on the accused’s name because it had already been broadcast by CBC prior to the ban.
However, Justice Earl Johnson also ruled in favour of CBC’s argument that by law, media should have been notified of the hearing on imposing the ban.
Johnson also clarified aspects of the Nunavut Court of Justice media policy, including stating that applications to ban publication of the name of an accused should be made at the individual’s first appearance before a Justice of the Peace or a judge and that media should be notified of the application.