R. v. Tarnawski — Court withheld reasons from publication under a bail-hearing ban

Case
R. v. Tarnawski
Court
Court of Appeal for Ontario (Canada)
Date Decided
September 9, 2026
Citation
2026 ONCA 639
Topics
Criminal law, bail, publication ban

Background

Takalyshya Tarnawski was the applicant in a criminal matter before the Court of Appeal for Ontario; His Majesty the King was the respondent. The matter was heard on September 4, 2026.

A non-publication order had been made at the bail hearing below under s. 517 of the Criminal Code. The order bars publication, broadcast, or transmission of the evidence, information, submissions, and reasons covered by that proceeding.

The Court’s Holding

The court held that its decision contains information covered by the existing s. 517 non-publication order.

Accordingly, the court directed that the full decision not be posted on its website until the non-publication order ceases to have effect. A copy remains available through the Court of Appeal for Ontario Registry.

Key Takeaways

  • The reported public reasons do not disclose the underlying disposition or merits of the matter.
  • The s. 517 bail-hearing publication ban governed information contained in the appellate decision.
  • The court deferred online publication of the full reasons until the ban expires.

Why It Matters

The decision illustrates the continuing effect of a s. 517 publication ban on appellate materials that repeat or reveal protected bail-hearing information. Legal reporting on the merits must await the lifting or expiry of the ban.

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