A Halifax judge has ruled to uphold a publication ban in a prominent child pornography case that has made national headlines.
The mandatory ban prohibits the identification of the alleged victim and the names of her parents, as well as any and all other personal identifying information.
The name of the girl, who is deceased, has been previously widely reported but Judge Jamie Campbell noted the mandatory ban on identification during a hearing April 30.
A media lawyer argued there is great public interest in the case and noted the complainant’s name and image have been widely shared.
The parents of the alleged victim have also offered letters of consent to allow the release of her name and image.
However, Campbell has decided to uphold the publication ban.
“I want to agree with you but my decision today will have implications that could open flood gates and that terrifies me and scares me to death,” said Campbell in his ruling.
“This ban is not an attempt to hide or stifle her name. We can’t ignore law…or which laws we will or won’t enforce. In a case of child porn, a judge must order a publication ban.”
Media lawyer Nancy Rubin said she respects the judge’s decision, but is disappointed the ban is being upheld.
“The judge gave a really well-reasoned and well thought-out decision because, as he said, bad facts make bad law. And although nobody seemed to want the ban here, everyone thinks a ban in child porn cases is a good thing,” said Rubin.
“He was looking at all the spinoff effects that could happen if you accepted the arguments of the media in this particular case, and he didn’t like what could happen.”
Two teens face charges of distributing child pornography in connection with the case, while one of them also faces a charge of making child pornography.
The teens are due back in court on May 22.