The Publication Ban Issue

I was on my way to freedom when a court case broke out

There is typically a blanket Publication Ban put in place in childhood sexual abuse cases to protect the anonymity of the child and witnesses. Because the crimes in my case involved a child - me - based on the law at the time the abuse occurred, a ban was issued, even though I was a grown man.

The presence of this protection is encouraging to victims who, in coming forward, know their names and witnesses won’t be made public or have to fear retribution. I’m not a lawyer, so check out how and when they are applied and removed in your province or state.

At the time, I didn’t mind a publication ban in place and didn’t think much about it - it just was. This was the first time we were talking about this out loud in public. It kept my mother - the other witness in the case - and me out of the paper and public discussions.

However, the publication ban remained in place after the trial and I had not thought about asking for its removal at the time, immediately after the success of the trial. By then, I was becoming more willing - more able - to talk. I wanted to help others.

My individual narrative therapy had spawned a new way for me to frame my journey forward. My therapist wanted me to relate my progress to his narrative therapy colleagues in a group session. If I could do that, perhaps I could help other guys understand this process, to encourage survivors to speak up and get the help and support they deserve.

But I could not speak. Even I could not talk about my own story, my own truth, or risk breaching the ban. Which means arrested. I understand and completely respect the intent - court ordered bans are essential for the process, to make people feel safe about coming forward.

I languished with my internalized thoughts again.

My mother passed in 2014; I was worried what might get portrayed if the ban was removed while she was alive. I procrastinated after that, despite the never-ending barrage of revelations of abuse, courageous men coming forward, the stories from the depths of the #MeToo movement, and horrifying truths from residential school survivors.

I had finally had enough of being silent. In December 2020, I engaged a lawyer to present an Application to the court to remove the ban in the case. It was granted, and an order was executed, in July 2021.

Takeaways

So in summary. Things take time. Time to sit in your mind, Time to move through your mind. Time to move through the courts.

I am not a lawyer, but if you are considering a trial, ask questions of the Crown attorney about publication bans. Because the judge that imposed it could also be the one who lifts it, it may be easier to apply to revoke it during or at the end of the trial rather than after. Similarly, you may not be ready, and want to ensure it is kept in place, and that is OK, too.