CMN 3105 Test 3 With
Complete Solution
The test set out in Mentuck for when a judge should order a publication ban
is essentially a reformulation of the test developed in which landmark case? -
ANSWER Dagenais
The Dagenais/Mentuck test does what? - ANSWER Sets out the conditions
under which a publication ban should be ordered
In Mentuck two things were part of a request for a publication ban. The first,
which was ultimately granted by the supreme court was a ban on: - ANSWER
The identities of the undercover officers
In Mentuck two things were part of a request for a publication ban. The
second of those, which was not granted by the supreme court was a ban on: -
ANSWER The operational methods used in investigating the accused
In general terms, the Dagenais/Mentuck test applies to: - ANSWER All
discretionary decisions that affect the openness of court proceedings (sealing
orders, non-publication orders / publication bans, etc...)
, Which of the following is the correct wording of the first criteria of the
Dagenais/Mentuck test? - ANSWER Such an order is necessary in order to
prevent a serious risk to the proper administration of justice because
reasonably alternative measures will not prevent the risk.
Which of the following is the correct wording of the second criteria of the
Dagenais/Mentuck test? - ANSWER The salutary effects of the publication
ban outweigh the deleterious effects on the rights and interests of the parties
and the public, including the effects on the right to freedom of expression,
the right of the accused to a fair and public trial and the efficacy of the
administration of justice
Mentuck case: background - ANSWER - accused was charged with
second-degree murder of Amanda Cook
- First trial: crucial evidence was ruled inadmissible
- Following first trial, respondent was targeted by RCMP in an undercover
operation
- Respondent was invited by undercover officers to join a fictitious criminal
organization
- He was then told to confess to the murder of Amanda Cook and he denied
involvement
Complete Solution
The test set out in Mentuck for when a judge should order a publication ban
is essentially a reformulation of the test developed in which landmark case? -
ANSWER Dagenais
The Dagenais/Mentuck test does what? - ANSWER Sets out the conditions
under which a publication ban should be ordered
In Mentuck two things were part of a request for a publication ban. The first,
which was ultimately granted by the supreme court was a ban on: - ANSWER
The identities of the undercover officers
In Mentuck two things were part of a request for a publication ban. The
second of those, which was not granted by the supreme court was a ban on: -
ANSWER The operational methods used in investigating the accused
In general terms, the Dagenais/Mentuck test applies to: - ANSWER All
discretionary decisions that affect the openness of court proceedings (sealing
orders, non-publication orders / publication bans, etc...)
, Which of the following is the correct wording of the first criteria of the
Dagenais/Mentuck test? - ANSWER Such an order is necessary in order to
prevent a serious risk to the proper administration of justice because
reasonably alternative measures will not prevent the risk.
Which of the following is the correct wording of the second criteria of the
Dagenais/Mentuck test? - ANSWER The salutary effects of the publication
ban outweigh the deleterious effects on the rights and interests of the parties
and the public, including the effects on the right to freedom of expression,
the right of the accused to a fair and public trial and the efficacy of the
administration of justice
Mentuck case: background - ANSWER - accused was charged with
second-degree murder of Amanda Cook
- First trial: crucial evidence was ruled inadmissible
- Following first trial, respondent was targeted by RCMP in an undercover
operation
- Respondent was invited by undercover officers to join a fictitious criminal
organization
- He was then told to confess to the murder of Amanda Cook and he denied
involvement
