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Section 193 does not bar access to search warrant ITOs referencing wiretaps.
Media organizations sought certiorari to review and set aside a decision refusing access to a sealed information to obtain (ITO) used to obtain search warrants in a large criminal investigation.
The Crown argued that disclosure was prohibited by s. 193 of the Criminal Code because the ITO contained references to non-consensual wiretap interceptions.
The court held that s. 193 is an offence-creating provision and does not govern public access to court materials; instead, access to a sealed ITO is governed by s. 487.3 of the Criminal Code informed by the Dagenais/Mentuck test and the open court principle.
Alternatively, even if s. 193 applied, the disclosure fell within the exception in s. 193(2)(a) because an ITO constitutes evidence given in a criminal proceeding.
The prior order denying access was set aside and the applicants were permitted to proceed with their application to vary or terminate the sealing order.
Appeal to withdraw guilty pleas for fraud dismissed as alleged duress did not constitute a defence.
The appellant appealed her convictions on three charges of fraud, seeking to withdraw her guilty pleas.
She argued that she had a potential defence of duress.
The Court of Appeal dismissed the appeal, finding that the transcripts of the guilty pleas offered no support for withdrawal and that her alleged duress did not meet the requirements of section 17 of the Criminal Code.
