Legal Word of the Day: “Sub Judice”

Photo: Ontario Courts

Photo: Ontario Courts

Sub Judice — Literally, “under judicial consideration,” this term includes publication bans and is related to contempt of court. The sub judice rule governs whether public statements can be made about ongoing legal proceedings.

The rule is based on the concept that the courts’ role to deal with legal issues should not be usurped by public statements. Sub judice applies where court proceedings are ongoing, and through all stages of appeal until the matter is completed. It may also apply where proceedings are imminent, such as during mediation and pretrials.

Related Cases:

Rogacki v. Belz, 2003 CanLII 12584 (ON CA)
” … the sub judice rule represents the intersection of two principles of fundamental importance: freedom of expression, and the rule of law which precludes interference with the administration of justice.”

R. v. Kormos, 1997 CanLII 12427 (ON SC)
Yes, THAT Kormos, when he was a Member of the Legislature.

Bell Canada v. Olympia & York Developments Ltd., 1994 CanLII 239 (ON CA)

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