Andrea Hammell

Following the release of its judgment regarding a sealing order on search warrant materials, the Court of Appeal was informed that the redacted names were not the subjects of the search warrants, but rather two other individuals mentioned in the materials.

The Attorney General of Canada requested a revised judgment, while the appellant media organization requested an addendum.

The Court agreed with the appellant, releasing an addendum to note the new information and varying the formal order to permit media access to the redacted names.

The appellants, a media organization and a reporter, sought access to the names of individuals whose premises were searched under warrants related to a national security investigation.

The initial judge maintained a sealing order over the names to protect the privacy of innocent persons.

The reviewing judge dismissed an application for certiorari.

On appeal, the Court of Appeal found an error of law on the face of the record because the initial judge failed to consider reasonably alternative measures, specifically allowing media access to the names while imposing a publication ban.

The appeal was allowed, and an order was made granting media access to the names subject to a non-publication order.