An application for a publication ban related to a recent provincial candidate who is now facing exploitation-related charges requires a full hearing before the proper court, Ontario Court Justice Angela McLeod declared today.
McLeod said it must first be determined whether the application should be made in provincial court or the Ontario Superior Court, and then a proper application must be made.
The accused’s current application “is deficient in a number of areas," the judge said.
Jake Tucker, the co-founder of Innisfil Pride who was also an Ontario People's Front candidate in the June 2 provincial election, faces seven charges. They include exploiting and controlling a woman, two counts of receiving material benefit obtained through the commission of an offence, advertising sexual services, assault, and communicating to obtain sexual services.
Tucker “strenuously denies the allegations,” defence lawyer Matthew Giesinger told BarrieToday in a previous story published July 6.
Giesinger said he was seeking a publication ban because the accused “felt fearful in the community due to the media attention.”
Giesinger also said he intends to make his application under common law, which is based on case law determined by a court, as opposed to a specific statute in the Criminal Code of Canada.
During an appearance in provincial court on Wednesday (July 20), Justice McLeod expressed concern over the application. A basic question, she said, was whether it should be heard by a provincial or a Superior Court judge.
McLeod did make reference to a 2017 case, which discussed which court should hear this type of publication-ban application.
In addition, she said it cannot proceed without a full application that includes factum and reference to case law. She also said the application could take several days, for which some time needs to be set aside.
Crown lawyer Jenna Dafoe told the court she provided the defence with a detailed response on July 11 and outlined the need to notify media outlets of a publication-ban application.
Anyone seeking a discretionary publication ban — that is, one that is not mandated by law — is required to provide notice to the media, according to Ontario Superior Court policy.
The case is expected to return to court Friday for a judicial pretrial, as well as in case management court on Aug. 17.